HomeMy WebLinkAbout(08) JANUARY 27, 2020 REGULAR MEETING REGULAR MEETING — January 27, 2020
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Moses gave the invocation followed with the pledge to the flag.
The City Council of the City of Port Arthur met in Regular Session on Tuesday, January
27, 2020 at 5:44 p.m. in the City Council Chamber, City Hall, with the following
members present: Mayor Thurman "Bill" Bartie; Mayor Pro Tern Harold Doucet, Sr.;
Councilmembers Raymond Scott, Cal Jones, Charlotte Moses and Kaprina Frank; City
Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and
Sergeant At Arms Police Chief Tim Duriso.
Councilmember Thomas Kinlaw, III was absent from the Regular Meeting.
II. PROCLAMATIONS & MINUTES
Proclamations - None
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
Upon the motion of Councilmember Jones, seconded by Mayor Pro Tern Doucet
and carried Proposed Ordinance No. 6822 was brought forward on the agenda.
Voting Yes: Mayor Bartle; Mayor Pro Tem Doucet; Councilmembers Scott, Jones,
Moses and Frank.
Voting No: None.
A. Ordinances
(3) P. O. No. 6822 — An Ordinance Of The City Of Port Arthur,
Texas, Authorizing The Issuance And Sale Of City Of Port
Arthur, Texas, Combination Tax And Revenue Certificates
Of Obligation, Series 2020A In The Aggregate Principal
Amount Of $10,000,000.00; Levying A Tax In Payment
Thereof; Awarding The Sale Thereof; Authorizing The
Execution And Delivery Of A Paying Agent/Registrar
Agreement, Approving The Official Statement; Confirming
The Engagement Of Professionals In Connection With The
Issuance Of The Certificates Of Obligation; Finding And
Determining That The Meeting At Which This Ordinance Is
Passed Is Open To The Public As Required By Law; And
Enacting Other Provisions Relating Thereto
The Mayor introduced the above-mentioned Proposed Ordinance.
The motion was made by Mayor Pro Tern Doucet and seconded by Councilmember
Frank that Proposed Ordinance No. 6822 be adopted.
Hilltop Securities Representatives Anne Burger and Derrick Mitchell appeared before the
City Council to answer inquiries regarding the above-mentioned topic.
Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott, Jones,
Moses and Frank.
Voting No: None.
Proposed Ordinance No. 6822 was adopted becoming Ordinance No. 20-02
The caption of Ordinance No. 20-02 reads as follows:
ORDINANCE NO. 20-02
AN ORDINANCE OF THE CITY OF PORT
ARTHUR, TEXAS, AUTHORIZING THE ISSUANCE
AND SALE OF CITY OF PORT ARTHUR, TEXAS,
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2020A
IN THE AGGREGATE PRINCIPAL AMOUNT OF
$10,000,000.00; LEVYING A TAX IN PAYMENT
THEREOF; AWARDING THE SALE THEREOF;
AUTHORIZING THE EXECUTION AND DELIVERY
OF A PAYING AGENT/REGISTRAR AGREEMENT,
APPROVING THE OFFICIAL STATEMENT;
CONFIRMING THE ENGAGEMENT OF
PROFESSIONALS IN CONNECTION WITH THE
ISSUANCE OF THE CERTIFICATES OF
OBLIGATION; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAW; AND ENACTING
OTHER PROVISIONS RELATING THERETO
Consent - Resolution
(9) P.R. No. 21250 — 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
Certificates Of Obligation In A Principal Amount Not To
Exceed $60,560,000.00 In One Or More Series For The
Construction Of Public Works And Any Items Related
Thereto And For The Payment Of Contractual Obligations
For Professional Services; And Approving Other Matters
Relating Thereto
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Frank, seconded by Councilmember Moses and
carried Proposed Resolution No. 21250 was adopted becoming Resolution No. 20-015.
Voting Yes: Mayor Bartie; Mayor Pro Tem Doucet; Councilmembers Scott, Jones,
Moses and Frank.
Voting No: None.
The caption of Resolution No. 20-015 reads as follows:
RESOLUTION NO. 20-015
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 CERTIFICATES OF OBLIGATION IN A
PRINCIPAL AMOUNT NOT TO EXCEED
$60,560,000.00 IN ONE OR MORE SERIES FOR
THE CONSTRUCTION OF PUBLIC WORKS AND
ANY ITEMS RELATED THERETO AND FOR THE
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Regular Meeting - January 27, 2020 2
PAYMENT OF CONTRACTUAL OBLIGATIONS
FOR PROFESSIONAL SERVICES; AND
APPROVING OTHER MATTERS RELATING
THERETO
IV. PUBLIC HEARING(S) - 9:00 AM
(1) One (1) Of Two (2) Public Hearings To Receive Public
Comment As To The Effects In The Community Of The
Curfew Ordinance And As To Whether The City Should
Continue, Modify Or Abolish The Curfew Ordinance
The Second Scheduled Hearing With Be Held On Tuesday,
February 4, 2020 At 9:00 A.M.
The Mayor introduced the above-mentioned Public Hearing at 6:04 p.m.
Deputy Police Chief Michael Fratus and City Attorney Tizeno appeared before the City
Council and gave an overview of the above-mentioned item.
The Mayor requested to hear from anyone present in the audience who wished to
speak regarding the above-mentioned item.
The following citizens appeared before the City Council to speak regarding the above-
mentioned topic:
Reverend Donald Frank, 3900 Turtle Creek Drive
Greg Richard, 509 H. 0. Mills Blvd.
Upon the motion of Mayor Pro Tem Doucet, seconded by Councilmember Frank and
carried unanimously, the City Council closed the Public Hearing at 6:12 p.m.
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Artemus W. Hancock, Sr. Regarding Sewage Back Up Into
Homes And Pipe Busting
Artemus Hancock, Sr., 3728 Bolder Avenue, appeared before the City Council to discuss
the above-mentioned topic.
(2) Greg Richard Regarding "The Big Payback" Genesis 15: 13-
14
Greg Richard, 509 H. 0. Mills Blvd., appeared before the City Council to discuss the
above-mentioned topic.
(3) Rev. Van Jordan Regarding A Motorcycle Rally On Procter Street
Not Present.
(4) Anita Sepeda Regarding Homeless Conestoga Huts
Not Present.
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Regular Meeting -January 27, 2020 3
(5) Jonathan Pressey Regarding Injustice In Port Arthur
Jonathan Pressey, 3049 19th Street, appeared before the City Council to discuss the
above-mentioned topic.
B. Presentations
(1) A Presentation By Ardurra Group Regarding An Update On
Disaster Recovery
Ardurra Representatives gave the above-mentioned presentation.
(2) A Presentation By Staff Regarding The Upcoming Drainage
and Storm Water Symposium
City Engineer Flozell Roberts gave the above-mentioned presentation.
(3) A Presentation By Staff Regarding The December Financial
Report And The Quarterly Investment Report
Finance Director Kandy Daniel gave the above-mentioned presentation.
Public Works Director Alberto Elefano appeared before the City Council to answer
inquiries regarding the above-mentioned report.
(4) A Presentation By The City Attorney Regarding Potential
Changes To The City's Gaming Ordinance
City Attorney Tizeno gave the above-mentioned presentation.
C. Employee Recognition
D. Correspondence
E. Discussion
(1) A Discussion Regarding The Port Arthur Business
Enterprise (PABE) Criteria (Requested By Councilmember
Doucet)
Upon the motion of Mayor Pro Tern Doucet, seconded by Councilmember Jones and
carried, the above-mentioned discussion was tabled until the next regular meeting.
Voting Yes: Mayor Bartle; Mayor Pro Tern Doucet; Councilmembers Scott, Jones,
Moses and Frank.
Voting No: None.
VI. CONSENT AGENDA
Upon the motion of Councilmember Moses, seconded by Councilmember Jones and
carried, the following Consent Agenda items were adopted:
Voting Yes: Mayor Bartle; Mayor Pro Tern Doucet; Councilmembers Scott, Jones,
Moses and Frank.
Voting No: None.
A. Travel Request — None
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Regular Meeting - January 27, 2020 4
B. Expense Reports — None
C. Minutes
December 3, 2019 Special Executive Meeting
December 3, 2019 Regular Meeting
D. Resolutions
(1) P.R. No. 21222 — A Resolution Authorizing The City
Manager To Apply For Fiscal Year 2020 Law Enforcement
Terrorism Prevention Activity Program (LETPA) Funding
With No Grant Match Requirement
Proposed Resolution No. 21222 was adopted becoming Resolution No. 20-016.
(2) P.R. No. 21231 — A Resolution Authorizing The City
Manager To Enter Into A Contract With Greenscapes Six,
LLC Of Baytown, Texas For Repair Of The Parking Lot At
The Robert A "Bob" Bowers Civic Center In The Amount Of
$249,140.00; Project Will Be Funded With Hurricane
Harvey Account No. 147-2300-901.32-00, Project No.
082617
Proposed Resolution No. 21231 was adopted becoming Resolution No. 20-017.
(3) P.R. No. 21237 — A Resolution Authorizing The City
Manager To Apply For Fiscal Year 2020 State Homeland
Security Program (SHSP)Grant Funding With No Grant
Match Requirement
Proposed Resolution No. 21237 was adopted becoming Resolution No. 20-018.
(4) P.R. No. 21242 — A Resolution Authorizing The City Of Port
Arthur To Participate In An Interlocal Agreement For
Cooperative Purchasing With Southeast Texas Purchasing
Cooperative Administered By The Region 5 Education
Service Center (Region 5 ESC) — Letter In The Annual
Amount Of $600.00; Funding Available In Account No.
001-1033-515-21.00
Proposed Resolution No. 21242 was adopted becoming Resolution No. 20-019.
(5) P.R. No. 21245 — A Resolution Authorizing The City
Manager To Enter Into An Agreement Between The City Of
Port Arthur And Stuart Consulting Group Of Houston, Texas
For The Lake Arthur Detention Area For A Design Fee Not
To Exceed $700,800.00. Funding Is Available In HMGP
Engineering Account No. 154-2300-901.53-00 And CDBG-
DR Engineering Account No. 148-2300-901.53-00 Project
No. DR1P01. No City Funds
Proposed Resolution No. 21245 was adopted becoming Resolution No. 20-020.
(6) P.R. No. 21246 — A Resolution Authorizing The City
Manager To Enter Into An Agreement Between The City Of
Port Arthur And Stuart Consulting Group Of Houston, Texas
For The Babe Zaharias Golf Course Drainage For A Design
Fee Not To Exceed $450,789.00. Funding Is Available In
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Regular Meeting - January 27, 2020 5
CDBG-DR Engineering Account No. 148-2300-901.53-00
Project #DR1PO4. No City Funds
Proposed Resolution No. 21246 was adopted becoming Resolution No. 20-021.
(7) P.R. No. 21247 — A Resolution Authorizing The City
Manager To Enter Into An Agreement Between The City Of
Port Arthur And Arceneaux Wilson And Cole Of Port Arthur,
Texas For The El Vista Subdivision Drainage For A Design
Fee Not To Exceed $239,375.00. Funding Is Available In
HMGP Engineering Account No. 154-2300-901.53-00 And
CDBG-DR Engineering Account No. 148-2300-901.53-00
Project #DR1P02. No City Funds
Proposed Resolution No. 21247 was adopted becoming Resolution No. 20-022.
(8) P.R. No. 21248 — A Resolution Authorizing The City
Manager To Enter Into An Agreement Between The City Of
Port Arthur And Arceneaux Wilson And Cole Of Port Arthur,
Texas For The Port Acres Subdivision Drainage For A
Design Fee Not To Exceed $685,867.00. Funding Is
Available In HMGP Engineering Account No. 154-2300-
901.53-00 And CDBG-DR Engineering Account No. 148-
2300-901.53-00 Project #DR1P03. No City Funds
Proposed Resolution No. 21248 was adopted becoming Resolution No. 20-023.
(10) P.R. No. 21254 — A Resolution Authorizing The City
Manager To Execute Change Order No. 1 To The Contract
Between The City Of Port Arthur And Greenscapes 6, LLC Of
Baytown, Texas For The Repairs And Restoration Of The
Carolina Avenue Pavement Improvement Project North Of
Gulfway Drive That Increases The Contract Amount By
$20,452.00 From The Original Contract Amount Of
$1,211,583.50 To The New Contract Amount Of
$1,232,035.00. Funding Is Available In The Capital
Improvements Street Account No. 307-1601-591.86-00.
Project No. ST1P10
Proposed Resolution No. 21254 was adopted becoming Resolution No. 20-024.
(11) P.R. No. 21255 — A Resolution Authorizing The City
Manager To Execute Change Order No. 1 To The Contract
Between The City Of Port Arthur And Excavation &
Construction, LLC Of Port Arthur, Texas For The 8th Avenue
Improvement Project From 32nd Street To The Dead-End
For Additional Paving And Drainage Modifications That
Increase The Contract Amount By $23,092.00 From The
Original Contract Amount Of $881,393.50 To The New
Contract Amount Of $904,485.50. Funding Is Available In
The Capital Improvements Street Account No. 307-1601-
591.86-00. Project No. ST1P11
Proposed Resolution No. 21255 was adopted becoming Resolution No. 20-025.
(12) P.R. No. 21256 — A Resolution Authorizing The City
Manager To Execute Change Order No. 1 To The Contract
Between The City Of Port Arthur And Excavation &
Construction, LLC Of Port Arthur, Texas For The Sunken
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Regular Meeting - January 27, 2020 6
Court Roadway Reconstruction Project From Twin City
Highway To North Park Drive For The Removal And
Replacement Of An Existing Water Line That Increases The
Contract Amount By $41,225.48 From The Original
Contract Amount Of $2,268,343.13 To The New Contract
Amount Of $2,309,568.61. Funding Is Available In The
Capital Improvements Street Account No. 307-1601-
591.86-00. Project No. ST1P02
Proposed Resolution No. 21256 was adopted becoming Resolution No. 20-026.
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions
(1) P.R. No. 21249 — A Resolution Appointing And/Or
Reappointing A Director Or Directors To The City Of Port
Arthur Section 4A Economic Development Corporation
(Requested By Mayor Pro Tem Doucet)
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Mayor Pro Tern Doucet, seconded by Councilmember Frank and
carried, Proposed Resolution No. 21249 was adopted becoming Resolution No. 20-027.
Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott, Jones,
Moses and Frank.
Voting No: None.
The caption of Resolution No. 20-027 reads as follows:
RESOLUTION NO. 20-027
A RESOLUTION APPOINTING AND/OR
REAPPOINTING A DIRECTOR OR DIRECTORS
TO THE CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
(REQUESTED BY MAYOR PRO TEM DOUCET)
A. Ordinances
(1) P. O. No. 6815 — 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 In 2020;
Authorizing The Hiring Of Lawyers And Rate Experts;
Authorizing The City's Participation To The Full Extent
Permitted By Law At The Public Utility Commission Of
Texas; Finding That The Meeting Complies With The Open
Meetings Act; And Declaring An Effective Date
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Frank, seconded by Councilmember Moses and
carried, Proposed Ordinance No. 6815 was adopted becoming Ordinance No. 20-03.
Voting Yes: Mayor Bartle; Mayor Pro Tern Doucet; Councilmembers Scott, Jones,
Moses and Frank.
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Regular Meeting - January 27, 2020 7
Voting No: None.
The caption of Ordinance No. 20-03 reads as follows:
ORDINANCE NO. 20-03
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 In 2020;
Authorizing The Hiring Of Lawyers And Rate
Experts; Authorizing The City's Participation To
The Full Extent Permitted By Law At The Public
Utility Commission Of Texas; Finding That The
Meeting Complies With The Open Meetings Act;
And Declaring An Effective Date
(2) P. O. No. 6821 — An Ordinance Of The City Of Port Arthur,
Texas, Amending Ordinance No. 18-71 As It Pertains To A
Waiver For Flood Elevation Requirements In The Code Of
Ordinances, Chapter 42: Floods And Zoning Requirements
In The Code Of Ordinances, Appendix A: Zoning To Allow
For Manufactured Homes, Mobile Housing Units, And
Recreational Vehicles In Floodplains, Special Flood Hazard
Areas, And To Temporarily Locate In Any Zoning District
For Temporary Use To Allow The Federal Emergency
Management Agency (FEMA) To Provide Temporary Direct
Housing Assistance In The Form Of Manufactured Homes,
Mobile Housing Units, Recreational Vehicles, And Other
Readily Fabricated Dwellings, In Response To Widespread
Damage Caused By Hurricane Harvey; And Providing
Findings Of Fact
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Frank, seconded by Councilmember Moses and
carried, Proposed Ordinance No. 6821 was adopted becoming Ordinance No. 20-04.
Voting Yes: Mayor Bartie; Mayor Pro Tem Doucet; Councilmembers Scott, Jones,
Moses and Frank.
Voting No: None.
The caption of Ordinance No. 20-04 reads as follows:
ORDINANCE NO. 20-04
AN ORDINANCE OF THE CITY OF PORT ARTHUR,
TEXAS, AMENDING ORDINANCE NO. 18-71 AS IT
PERTAINS TO A WAIVER FOR FLOOD ELEVATION
REQUIREMENTS IN THE CODE OF ORDINANCES,
CHAPTER 42: FLOODS AND ZONING REQUIREMENTS
IN THE CODE OF ORDINANCES, APPENDIX A:
ZONING TO ALLOW FOR MANUFACTURED HOMES,
MOBILE HOUSING UNITS, AND RECREATIONAL
VEHICLES IN FLOODPLAINS, SPECIAL FLOOD
HAZARD AREAS, AND TO TEMPORARILY LOCATE IN
ANY ZONING DISTRICT FOR TEMPORARY USE TO
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Regular Meeting - January 27, 2020 8
ALLOW THE FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA) TO PROVIDE TEMPORARY DIRECT
HOUSING ASSISTANCE IN THE FORM OF
MANUFACTURED HOMES, MOBILE HOUSING UNITS,
RECREATIONAL VEHICLES, AND OTHER READILY
FABRICATED DWELLINGS, IN RESPONSE TO
WIDESPREAD DAMAGE CAUSED BY HURRICANE
HARVEY; AND PROVIDING FINDINGS OF FACT
(4) P. O. No. 6823 — An Ordinance Amending Article II
(Personnel Policy), Division 1 (Generally), Section 78-49
(Sexual Harassment) Of The Code Of Ordinances Of The
City Of Port Arthur
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Jones, seconded by Councilmember Frank and
carried, Proposed Ordinance No. 6823 was adopted becoming Ordinance No. 20-05.
Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Scott, Jones,
Moses and Frank.
Voting No: None.
The caption of Ordinance No. 20-05 reads as follows:
ORDINANCE NO. 20-05
AN ORDINANCE AMENDING ARTICLE II
(PERSONNEL POLICY), DIVISION 1
(GENERALLY), SECTION 78-49 (SEXUAL
HARASSMENT) OF THE CODE OF ORDINANCES
OF THE CITY OF PORT ARTHUR
VIII. ADJOURNMENT OF MEETING
Upon the motion by Councilmember Jones, seconded by Councilmember Scott and
carried unanimously, the City Council adjourned their meeting at 7:45 p.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 January 27, 2020
APPROVED:
City Council Minutes
Regular Meeting - January 27, 2020 9