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Home My WebLink About(5) NOVEMBER 18, 2019 REGULAR MEETING REGULAR MEETING — November 18, 2019 I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Monday, November 18, 2019 at 8:30 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman "Bill" Bartle; Mayor Pro Tern Harold Doucet, Sr.; Councilmembers Raymond Scott, Cal Jones, and Charlotte Moses; Interim City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. Councilmembers Thomas Kinlaw, III. and Councilmember Kaprina Frank were absent from the Regular Meeting. II. PROCLAMATIONS & MINUTES Proclamations - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) John Beard Regarding Flood Protection, Pipelines, Development Incentives Not present. B. Presentations - None C. Employee Recognition - None D. Correspondence - None E. Discussion - None IV. PUBLIC HEARING(S) - 9:00 AM - None V. UNFINISHED BUSINESS (1) P.R. No. 21144 — A Resolution Authorizing The Purchase Of Six (6) Portable Radios And Five (5) Mobile Radios For The Fire Department From Motorola Solutions Of Houston, Texas, Through HGAC Contract RA05-18 In The Amount Of $46,638.13; Funding Is Available In Vehicle/Equip — Gaming Account Number 149-1054-517.25-00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tern Doucet and seconded by Councilmember Jones that Proposed Resolution No. 21144 be adopted. Upon the motion of Mayor Pro Tern Doucet, seconded by Councilmember Jones and carried, Proposed Resolution No. 21144 was removed from the agenda. Voting Yes: Mayor Bartle; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Moses. Voting No: None. (2) P.R. No. 21152 — A Resolution Amending Resolution 19-026 Pertaining To The Complete Count Committee Of The City Of Port Arthur In Support Of The 2020 United States Census The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Jones and seconded by Mayor Pro Tern Doucet that Proposed Resolution No. 21152 be adopted. The following appointments were made: Mayor Bartie: Clay Roy Father Kevin Badeaux Mayor Pro Tern Doucet: Roseland Queen Warren Field Councilmember Moses: Deloris Prince Dr. Lawanda Finney Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Moses. Voting No: None. Proposed Resolution No. 21152 was adopted, with the above-mentioned appointments inserted, becoming Resolution No. 19-515. The caption of Resolution No. 19-515 reads as follows: RESOLUTION NO. 19-515 A RESOLUTION AMENDING RESOLUTION 19- 026 PERTAINING TO THE COMPLETE COUNT COMMITTEE OF THE CITY OF PORT ARTHUR IN SUPPORT OF THE 2020 UNITED STATES CENSUS VI. CONSENT AGENDA Upon the motion of Mayor Pro Tern Doucet, seconded by Councilmember Moses and carried, the following Consent Agenda items were adopted: Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Moses. Voting No: None. A. Travel Request — None B. Expense Reports (B1) Assistant City Secretary Kelly Moore: Texas Municipal Clerks Certification Program Graduate Institute Fort Worth, Texas City Council Minutes Regular Meeting — November 18, 2019 2 October 23 — 26, 2019 $1,454.06 C. Minutes — None D. Resolutions (1) P.R. No. 20861 — A Resolution Authorizing The City Manager To Execute Ground Leases Between The City Of Port Arthur And Tender Loving Care Center For Children (TLCCC) DBA Legacy Community Development Corporation (Legacy CDC) For The Development Of Affordable Houses On City Owned Properties Located At 1037 6th Street, 1201 6th Street (AKA 618 Savannah Avenue), 1237 6th Street And 1319 6th Street In The Downtown Targeted Area Proposed Resolution No. 20861 was adopted becoming Resolution No. 19-516. (2) P.R. No. 20871 — A Resolution Authorizing The City Manager To Execute Fixed Price Contracts Between The City Of Port Arthur And Tender Loving Care Center For Children (TLCCC) DBA Legacy Community Development Corporation (Legacy CDC) For The Construction Of Affordable Houses On The Neighborhood Stabilization Program (NSP) Properties Located At 1037 6th Street, 1201 6th Street (AKA 618 Savannah Avenue), 1237 6th Street And 1319 6th Street In The Downtown Targeted Area Proposed Resolution No. 20871 was adopted becoming Resolution No. 19-517. (3) P.R. No. 20949 — A Resolution Authorizing The City Manager To Enter Into A Contract With Proterra, Inc., Of Burlingame, California To Purchase Six (6) Battery Electric Vehicles And Charging Infrastructure For Port Arthur Transit, In The Amount Of $4,823,545.00; Funds Available In Account 401-1509-561.93-00 Proposed Resolution No. 20949 was adopted becoming Resolution No. 19-518. (4) P.R. No. 21113 — A Resolution Authorizing The City Manager To Purchase A D8T Bulldozer From Mustang CAT Of Beaumont, Texas, Through BuyBoard Contract No. 515- 16 With A Budgetary Impact Of $846,935.05. Funds Are Available In The Capital Reserve Equipment Replacement Public Works Solid Waste Equipment-Account No. 625- 1801-533.92-00 Proposed Resolution No. 21113 was adopted becoming Resolution No. 19-519. (5) P.R. No. 21148 — A Resolution Authorizing The City Manager To Terminate The Contract With Southeast Texas Lawn & Maintenance Of Beaumont, Texas, For Groups A, B, C, D, & E, Due To Unsatisfactory Performance, And To Award A Contract For Groups B & D To Williams Transport Of Lumberton, Texas, And Award A Contract For Groups A, C, E To Amelia Lawn Care & Landscaping, With An Increased Projected Budgetary Impact Of $1,296.00 To Account Number 410-1253-532.59-00 City Council Minutes Regular Meeting - November 18, 2019 3 Proposed Resolution No. 21148 was adopted becoming Resolution No. 19-520. (6) P.R. No. 21156 — A Resolution Authorizing The City Manager To Make A Payment To The Texas Commission On Environmental Quality (TCEQ) For The Fourth Quarter Fee For Landfill Disposal With A Not To Exceed Amount Of $35,641.96. Funding Is Available In Account No. 403-1274- 533.59-01, Public Works Department Landfill Division — Regulatory Fees/Fines Proposed Resolution No. 21156 was adopted becoming Resolution No. 19-521. (7) P.R. No. 21158 — A Resolution Accepting The Donation Of A 2019 Ford E350 Starcraft Mobile Office Conversion Van From The Texas Department Of Health And Human Services For The City Of Port Arthur WIC Program. The Total Cost Of The Van Is $92,713.01 And Will Be Purchased By The State. Inspections And Repair Services Will Be Funded By WIC Grant Funds, Vehicle Maintenance Account, 101-1331- 542.43-00 Proposed Resolution No. 21158 was adopted becoming Resolution No. 19-522. (8) P.R. No. 21164 — A Resolution Authorizing The City Manager To Enter Into A Contract With G&G Enterprises Construction Corporation Of Port Arthur, Texas To Renovate Port Arthur Transit's Terminal Building, In The Amount Not To Exceed $528,250.00; Funds Available In Account 401-1509-561.82-00 Proposed Resolution No. 21164 was adopted becoming Resolution No. 19-523. (9) P.R. No. 21165 — A Resolution Authorizing The City Manager To Purchase A 2020 Mack GU813 — Granite 64B Concrete Truck From Volvo & Mack Truck Of Waco From Robinson, Texas, Under BuyBoard Contract No. 521-16 For The Public Works Streets Division, With A Projected Budgetary Impact Of $173,767.28; Funds Are Available In The Capital Reserve Equipment Replacement Public Works Motor Vehicle Streets — Account No. 625-1801-531.93-03 Proposed Resolution No. 21165 was adopted becoming Resolution No. 19-524. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 21159 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Micro-Loan Agreement With Sherrie Hayes DBA Grace Line Trucking In The Amount Of $30,000.00 For Refinancing Of A Dump Truck Used For Grace Line Trucking; Funds Available In EDC Account No. 119-1426- 554.54-00 The Mayor introduced the above-mentioned Proposed Resolution. City Council Minutes Regular Meeting - November 18, 2019 4 Upon the motion of Councilmember Moses, seconded by Councilmember Scott and carried, Proposed Resolution No. 21159 was adopted becoming Resolution No. 19-525. Voting Yes: Mayor Bartie; Mayor Pro Tem Doucet; Councilmembers Scott, Jones and Moses. Voting No: None. The caption of Resolution No. 19-525 reads as follows: RESOLUTION NO. 19-525 A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A MICRO-LOAN AGREEMENT WITH SHERRIE HAYES DBA GRACE LINE TRUCKING IN THE AMOUNT OF $30,000.00 FOR REFINANCING OF A DUMP TRUCK USED FOR GRACE LINE TRUCKING; FUNDS AVAILABLE IN EDC ACCOUNT NO. 119-1426-554.54-00 (2) P.R. No. 21160 — A Resolution Approving A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And NDC Housing And Economic Development Corporation, Inc., A New York Corporation For Property Located At 4th Street Between Mobile Avenue And Shreveport For An Amount Of One Hundred Twenty Thousand And 00/100 Dollars ($120,000.00) The Mayor introduced the above-mentioned Proposed Resolution. Upon on the motion of Councilmember Jones, seconded by Councilmember Moses and carried, Proposed Resolution No. 21160 was adopted becoming Resolution No. 19-526. Voting Yes: Mayor Bartle; Mayor Pro Tem Doucet; Councilmembers Scott, Jones and Moses. Voting No: None. The caption of Resolution No. 19-526 reads as follows: RESOLUTION NO. 19-526 A RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND NDC HOUSING AND ECONOMIC DEVELOPMENT CORPORATION, INC., A NEW YORK CORPORATION FOR PROPERTY LOCATED AT 4TH STREET BETWEEN MOBILE AVENUE AND SHREVEPORT FOR AN AMOUNT OF ONE HUNDRED TWENTY THOUSAND AND 00/100 DOLLARS ($120,000.00) City Council Minutes Regular Meeting — November 18, 2019 5 (3) P.R. No. 21161 — A Resolution Approving A Technical Assistance Agreement Between The City Of Port Arthur, Texas, The City Of Port Arthur Section 4A Economic Development Corporation And National Development Council For The Period Of November 30, 2019 Through November 29, 2020 In An Amount Not To Exceed $72,000.00; Account No. 120-1429-582.54-11 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Scott and carried, Proposed Resolution No. 21161 was adopted becoming Resolution No. 19-527, Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Moses. Voting No: None. The caption of Resolution No. 19-527 reads as follows: RESOLUTION NO. 19-527 A RESOLUTION APPROVING A TECHNICAL ASSISTANCE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR, TEXAS, THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND NATIONAL DEVELOPMENT COUNCIL FOR THE PERIOD OF NOVEMBER 30, 2019 THROUGH NOVEMBER 29, 2020 IN AN AMOUNT NOT TO EXCEED $72,000.00; ACCOUNT NO. 120-1429-582.54- 11 (4) P.R. No. 21162 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An Agreement With Americom Marketing In Order To Implement A Corporate Target Market Branding Strategy To Recruit/Market Human Population To The Port Arthur, Texas Area Who Are Willing To Relocate To An Income Tax Free State With Good Paying Jobs Ranging From $60,000.00 - $80,000.00 Due To A Surplus In Jobs Which Require A High Level Of Skill Set; Account No. 120- 1429-582.59-06 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Scott that Proposed Resolution No. 21162 be adopted. EDC Marketing Manager Ralloda McClain-Lee appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Moses. Voting No: None. Proposed Resolution No. 21162 was adopted becoming Resolution No. 19-528. City Council Minutes Regular Meeting — November 18, 2019 6 The caption of Resolution No. 19-528 reads as follows: RESOLUTION NO. 19-528 A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO AN AGREEMENT WITH AMERICOM MARKETING IN ORDER TO IMPLEMENT A CORPORATE TARGET MARKET BRANDING STRATEGY TO RECRUIT/MARKET HUMAN POPULATION TO THE PORT ARTHUR, TEXAS AREA WHO ARE WILLING TO RELOCATE TO AN INCOME TAX FREE STATE WITH GOOD PAYING JOBS RANGING FROM $60,000.00 - $80,000.00 DUE TO A SURPLUS IN JOBS WHICH REQUIRE A HIGH LEVEL OF SKILL SET; ACCOUNT NO. 120- 1429-582.59-06 (5) P.R. No. 21163 — A Resolution Appointing And/Or Reappointing Three (3) Regular Board Members To The Construction Board Of Adjustment And Appeals The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Mayor Pro Tern Doucet that Proposed Resolution No. 21163 be adopted. Code Enforcement Officer Deborah Verret appeared before the City Council to answer inquiries regarding the above-mentioned topic. The motion of Mayor Pro Tern Doucet and seconded by Councilmember Moses that the following Araina Daniels, Clifford Batiste and Alan Watson be reappointed. Voting Yes: Mayor Bartie; Mayor Pro Tem Doucet; Councilmembers Scott, Jones and Moses. Voting No: None. Proposed Resolution No. 21163 was adopted, with the above-mentioned names inserted, becoming Resolution No. 19-529. The caption of Resolution No. 19-529 reads as follows: RESOLUTION NO. 19-529 A RESOLUTION APPOINTING AND/OR REAPPOINTING THREE (3) REGULAR BOARD MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS (6) P.R. No. 21167 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Frank) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tern Doucet, seconded by Councilmember Moses and carried, Proposed Resolution No. 21167 was adopted becoming Resolution No. 19-530. City Council Minutes Regular Meeting — November 18, 2019 7 Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Moses. Voting No: None. The caption of Resolution No. 19-530 reads as follows: RESOLUTION NO. 19-530 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE BEAUTIFICATION COMMISSION (REQUESTED BY COUNCILMEMBER FRANK) (7) P.R. No. 21168 — A Resolution Appointing A Member To The Planning And Zoning Commission The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Mayor Pro Tern Doucet and carried, Proposed Resolution No. 21168 was tabled. Voting Yes: Mayor Bartle; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Moses. Voting No: None. (8) P.R. No. 21169 — A Resolution Appointing And/Or Reappointing Member(s) To The Zoning Board Of Adjustment The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Scott that Proposed Resolution No. 21169 be adopted. Development Services Manager Pamela Langford appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartie; Mayor Pro Tem Doucet; Councilmembers Scott, Jones and Moses. Voting No: None. (9) P.R. No. 21172 — A Resolution Appointing Ronald Burton As City Manager For The City Of Port Arthur And Establishing The Terms Of Employment Pursuant To Article V Of The Charter Of The City Of Port Arthur And Chapter 25 Of The Texas Local Government Code The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Scott, seconded by Mayor Pro Tern Doucet and carried, Proposed Resolution No. 21172 was held until after Executive Session. City Council Minutes Regular Meeting — November 18, 2019 8 A. Ordinances (1) P.O. No. 6807 — An Ordinance Authorizing The City Manager To Execute The Settlement Of An Automobile Physical Damage Claim In The Amount Of $141,163.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Trash Truck #2280 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Mayor Pro Tern Doucet, seconded by Councilmember Moses and carried, Proposed Ordinance No. 6807 was adopted becoming Ordinance No. 19-55. Voting Yes: Mayor Bartie; Mayor Pro Tem Doucet; Councilmembers Scott, Jones and Moses. Voting No: None. The caption of Ordinance No. 19-55 reads as follows: ORDINANCE NO. 19-55 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT OF AN AUTOMOBILE PHYSICAL DAMAGE CLAIM IN THE AMOUNT OF $141,163.00 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TMLIRP) AS A RESULT OF PROPERTY DAMAGE TO TRASH TRUCK #2280 (2) P.O. No. 6808 — An Ordinance Designating Thursday, December 26, 2019, As A Legal Holiday The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Moses, seconded by Councilmember Jones and carried, Proposed Ordinance No. 6808 was adopted becoming Ordinance No. 19-56. Voting Yes: Mayor Bartle; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Moses. Voting No: None. The caption of Ordinance No. 19-56 reads as follows: ORDINANCE NO. 19-56 AN ORDINANCE DESIGNATING THURSDAY, DECEMBER 26, 2019, AS A LEGAL HOLIDAY VIII. *CLOSED MEETING (EXECUTIVE MEETING) Closed Meeting: (1) Section 551.071 Government Code — To Discuss With The City Attorney Pending Legal Issues Asserted Against The City Related To Hurricane Harvey City Council Minutes Regular Meeting — November 18, 2019 9 (2) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value of Real Property Located In Downtown Port Arthur (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located At 3538, 3340, 3542 9th Avenue (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value of Real Property Located At Lake Arthur Drive (5) Section 551.074 Government Code — To Deliberate The Appointment Of A City Manager The City Council recessed their meeting at 9:28 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 10:27 a.m. with the following members present: Mayor Bartie; Mayor Pro Tem Doucet; Councilmembers Scott, and Moses; Interim City Manager Burton; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Duriso. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT (9) P.R. No. 21172 — A Resolution Appointing Ronald Burton As City Manager For The City Of Port Arthur And Establishing The Terms Of Employment Pursuant To Article V Of The Charter Of The City Of Port Arthur And Chapter 25 Of The Texas Local Government Code The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tern Doucet and seconded by Councilmember Moses that Proposed Resolution No. 21172 be adopted. The Mayor read the following terms into the record: Hire Date: November 13, 2019 Annual Salary: $192,852.00 Annual Car Allowance: $7,800.00 Annual Cell Phone Allowance: $1,200.00 Vacation: 4 Weeks Sick Leave Accrual: 10 hours per month Medical/Dental/Life Insurance: Per City Policy Disability: Permanent disability and option to terminate contract with severance pay. Termination and Severance Agreement: 12 months aggregate salary. Retirement: 5% TMRS 2:1 Match Differed Compensation: $10,000.00 Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott and Moses. Voting No: None. Proposed Resolution No. 21172 was adopted, with the above-mentioned terms added, becoming Resolution No. 19-531. City Council Minutes Regular Meeting — November 18, 2019 10 The caption of Resolution No. 19-531 reads as follows: RESOLUTION NO. 19-531 A RESOLUTION APPOINTING RONALD BURTON AS CITY MANAGER FOR THE CITY OF PORT ARTHUR AND ESTABLISHING THE TERMS OF EMPLOYMENT PURSUANT TO ARTICLE V OF THE CHARTER OF THE CITY OF PORT ARTHUR AND CHAPTER 25 OF THE TEXAS LOCAL GOVERNMENT CODE IX. ADJOURNMENT OF MEETING Upon the motion by Mayor Pro Tern Doucet, seconded by Councilmember Moses and carried unanimously, the City Council adjourned their meeting at 10:30 a.m. An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR THURMAN "BILL" BARTIE ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD November 18, 2019. APPROVED: . City Council Minutes Regular Meeting — November 18, 2019 11