HomeMy WebLinkAboutAUGUST 21, 2020 REGULAR MEETING THURMAN BILL BARTIE,MAN ORy /J RON BURTON
CHARLOTTE MOSES,MAYOR PRO"I f:NI City of �^ CITY MANAGER
COUNCIL MEMBERS: I/ SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. (Irt rth u " CITY SECRET:IRY
G1 L J.JONES
I I IOMAS J. KINLAW 111 Texas VAL TIZENO
ff:1ROLD DOUCET,SR. CITY ATTORNEY
11'RIN.A FRANK
AG E N DA
City Council
Regular Meeting
August 21, 2020
3:30 PM
*The August 18, 2020 Meeting Was Recessed And Will Be Reconvened On August 21,
2020 3:30 P.M.
NOTICE OF MEETING BY TELEPHONIC & VIDEOCONFERENCE
In Accordance With Order Of The Office Of The Governor Issued March 16, 2020, The
City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At
3:30 P.M. August 21, 2020 [THERE WILL BE NO PUBLIC ACCESS TO CITY HALL FOR
THE MEETING] By Telephonic And Videoconference In Order To Advance The Public
Health Goal Of Limiting Face-To-Face Meetings (Also Called "Social Distancing") To
Slow The Spread Of The Coronavirus (COVID-19). Any Person May Participate And
Address The City Council By Dialing One Of The Following Toll Free Numbers And
Entering The Meeting ID: 825-4499-1195 And Participant ID: 021983
(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.
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
August 18, 2020
11:00 A.M.
PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES
I. INVOCATION, PLEDGE & ROLL CALL
1
Mayor Bartie
Mayor Pro Tern Moses
Councilmember Scott, Jr.
Councilmember Jones
Councilmember Kinlaw, III
Councilmember Doucet, Sr.
Councilmember Frank
City Manager Burton
City Secretary Bellard, TRMC
City Attorney Tizeno
Sergeant At Arms:
Police Chief Duriso Or Designee
II. PROCLAMATIONS
Proclamations
III. TRUTH-IN TAXATION PROPERTY TAX PROCESS ACTION ITEMS:
CALCULATIONS AND GENERAL BUSINESS REGARDING THE FY
2021 BUDGET
(1) Record Of Receipt Of The Certified Values From The Jefferson
County Tax Assessor To Be Used In Calculating The No-New-
Revenue Tax Rate And Voter-Approval Tax Rate For The 2020 Tax
Year (Pursuant To Section 26.04 Of The Texas Tax Code)
(2) Consider Receipt Of The Proposed FY 2021 Annual Operating
Budget And The Proposed 2021 Capital Improvement Program And
Scheduling A Public Hearing
(3) Consider Establishing And Taking A Record Vote To Propose The
2020 Tax Rate Of $ 0.792000 Per $100 And Voting To Schedule A
Public Hearing For The Proposed Tax Rate And Publish The "Notice
Of Meeting To Vote On The Tax Rate."
AGENDA
August 18, 2020
IV. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Ronald Proctor Regarding The Port Arthur Police Department
B. Presentations
(1) A Presentation By Ron Fletcher With Entergy (Requested by
Councilmember Kinlaw).
(2) A Presentation By Staff Regarding The Proposed FY 2021 Annual
Operating Budget And The Proposed 2021 Capital Improvement
Program And Scheduling A Public Hearing
(3) A Presentation By Staff Regarding Streets
(4) A Presentation By Staff Regarding The Drainage Program
(5) A Presentation By Staff Regarding Pipe Bursting
(6) A Presentation By Staff Regarding Delinquencies Of Utility Bills
(7) A Presentation By Staff Regarding An Update Of The 2020 Census
(Requested By Mayor Pro Tem Moses)
C. Employee Recognition — None
D. Correspondence — None
E. Discussion — None
V. PUBLIC HEARINGS — 11:30 A.M. — NONE
2
AGENDA
August 18, 2020
VI. UNFINISHED BUSINESS
(1) P.R. No. 21479 — A Resolution Authorizing The City Manager To
Execute Change Order No. 1 To The Contract Between The City Of
Port Arthur And Elite Contractors & Equipment, LTD Of Kirbyville,
Texas For The 60th Street Improvement Project From West Port
Arthur Road To Canal Street That Adds 30 Calendar Days To The
Original Contract Completion Date Of July 21, 2020 Changing It To
The New Contract Completion Date Of August 20, 2020. There Is
No Budgetary Impact To The Capital Improvements Street Account
No. 307-1601-591.86-00. Project No. ST1P10
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 Request
(1) Mayor Thurman Bartle:
National League Of Cities Virtual City Summit
August 05, 2020 First Day Of Registration
November 08, 2020 First Day Of Sessions
November 11, 2020 Last Day Of Sessions
Registration Fee: $199.00
(2) Mayor Thurman Bartie:
Texas Association Of Black City Council Members
(TABCCM)
Membership Renewal: $125.00
(3) Mayor Thurman Bartle:
Golden Triangle Days
February 8-9, 2021
Austin, TX $1,339.00
AGENDA
August 18, 2020
VII. CONSENT AGENDA — CONTINUED
B. Expense Reports — None
C. Minutes — None
D. Resolutions
(1) P.R. No. 21508 — A Resolution Authorizing The City Manager To
Enter Into An Agreement With Industrial And Commercial
Mechanical (ICM) Of Beaumont, Texas For The Purchase And
Installation Of A New Carrier Rooftop Packaged Air Conditioning
Unit For The Pleasure Island Club House Through BuyBoard
Cooperative Purchasing Contract No. 558-18, With A Projected
Budgetary Impact Of $33,263.56; Funds Available In The Building
Maintenance Account No. 450-1291-549.32-00
(2) P.R. No. 21510 — A Resolution Authorizing The Purchase Of A
Mobile Column Lift, In-Ground Lift, Catwalk, And Air Compressor
For Port Arthur Transit Through BuyBoard Contract #551-17 With
Reeder Distributors, Inc. Of Forth Worth, Texas In The Amount Of
$177,057.97; Funds Available In Account 401-1509-561.82-00
(3) P.R. No. 21514 — A Resolution Supporting The Acceptance Of The
Fiscal Year 2021 Texas Department Of Transportation Selective
Traffic Enforcement Program (S.T.E.P.) Grant In The Amount Of
$32,215.76, With A 23.53% In-Kind Match. The In-Kind Match Is
Covered By Existing Fringe Benefits And Administration Functions
4
AGENDA
August 18, 2020
VII. CONSENT AGENDA — CONTINUED
(4) P.R. No. 21522 — A Resolution Authorizing The City Manager To
Execute Change Order No. 3 To The Contract Between The City Of
Port Arthur And Waukesha-Pearce Industries (WPI) Of Houston,
Texas That Amends Resolution 20-099 And 20-141 To List WPI As
The Contractor And The Amending The Resolution Contract Amount
Of $6,517.33 To $6,517.00 Which Amends The Contract Amount To
$431,436.00. Change Order No. 3 Also Includes Cost To Provide
Programming Services On The Weekend To Keep City Hall
Functional Because Power Will Be Turned Off For Safety And For
The Purchase Of A Natural Gas Regulator. Change Order No. 3
Increases The Total Contract Amount By $9,741.00 From The
Contract Amount Of $432,461.00 To The New Contract Amount Of
$441,202.00. Funding Is Available In The Capital Improvements
Account No. 625-1801-531.92-06
(5) P.R. No. 21525 — A Resolution Authorizing The City Manager To
Transfer The Balance From The 2019 Community Development
Block (CDBG) Contract (Account Number 105-1431-552.59-00;
Project #C45120) With Tender Loving Care Center DBA Legacy
Community Development Corporation (Legacy CDC) To Legacy
CDC's 2020 CDBG Contract (Account Number 105-1431-552.59-00;
Project #C46120). The Transfer Will Close-Out The 2019 CDBG
Contract And Increase The 2020 Contract From $27,000.00 To
$31,400.00
(6) P.R. No. 21526 — A Resolution Authorizing The City Manager To
Execute Settlement Of A Physical Damage Claim In The Amount Of
$7,072.32 Made Against Southern County Mutual Insurance
Company As A Result Of Property Damage To A Light Pole On
Memorial Blvd.
(7) P.R. No. 21527 — A Resolution Authorizing The Purchase Of 100
Traffic Signals With Mounting Equipment From Traffic Parts, Inc.,
In Spring, Texas, Through The Texas BuyBoard Cooperative
Purchasing Program Contract No. 603-20 With A Total Budgetary
Impact Amount Of $42,950.00. Funding Is Available From Account
No. 001-1205-531.45-00
5
AGENDA
August 18, 2020
VII. CONSENT AGENDA — CONTINUED
(8) P.R. No. 21528 — A Resolution Authorizing The Purchase Of Five
Traffic Signal Cabinets And Associated Appurtenances From Iteris,
Inc. In Santa Ana, California, Through The Texas BuyBoard
Cooperative Purchasing Program Contract No. 608-20 With A Total
Budgetary Impact Amount Of $58,500.00. Funding Is Available
From Account No. 001-1205- 531.45-00
(9) P.R. No. 21529 — A Resolution Authorizing The Acceptance Of A
Grant/Donation From The Williams Companies, Inc., For First
Responder Support In The Amount Of $1,000.00
(10) P.R. No. 21530 — A Resolution Authorizing The Yield Reduction
Payment To The Internal Revenue Service On 2015A And 2015B
Certificates Of Obligation In The Total Amount Of $100,877.79.
Funds To Be Reimbursed From Interest Earnings Held In Escrow At
Bank Of New York Mellon
(11) P.R. No. 21531 — A Resolution Authorizing The City Manager To
Enter Into A Professional Services Contract With RWL Group For
Risk Management Consulting Services At The Not To Exceed Cost
Of $15,000.00 For The 2020-2021 Fiscal Year. Fund No. 612-1702-
581.52-00
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 21515 — A Resolution Requesting That City Council Of The
City Of Port Arthur Ratify The City Manager's Decision To Authorize
The City Of Port Arthur Section 4A Economic Development
Corporation To Remove Sand And Sludge From An Open Pit And
For The Removal Of The Pit At The 549 4th Street Building; Funds
Will Be Take From Account Number 120-149-582.53-30
(2) P.R. No. 21516 — A Resolution Authorizing The Second Amended
Commercial Lease Of Office Space Located Within 501 Procter
Street By The City Of Port Arthur Section 4A Economic
Development Corporation To G&G Enterprises Construction
Corporation
6
AGENDA
August 18, 2020
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(3) P.R. No. 21517 — A Resolution Authorizing The Second Amended
Commercial Lease Of Office Space Located Within 501 Procter
Street By The City Of Port Arthur Section 4A Economic
Development Corporation To Collins Engineers, Inc.
(4) P.R. No. 21518 — A Resolution Approving A Pre-Employment
Workforce Training Agreement Between The City Of Port Arthur
Section 4A Economic Development Corporation And Lamar Institute
Of Technology (LIT) For The Training Of Port Arthur Residents In
The Police Academy In An Amount Of $4,000.00 Per Resident And
A Total Amount Not To Exceed $40,000.00; Funds Available In EDC
Account No. 120-1429-582.59-07
(5) P.R. No. 21519 — A Resolution Authorizing The City Of Port Arthur
Section 4A Economic Development Corporation To Enter Into A
Tuition Assistance Agreement For Port Arthur Resident Trainees
Selected For Enrollment Into Lamar Institute Of Technology Police
Academy At A Cost Not To Exceed $40,000.00; Funded From
Account No. 120-1429-582.59-07
(6) P.R. No. 21524 — A Resolution Appointing And/Or Reappointing A
Member Or Members To The Beautification Commission
(7) P.R. No. 21536 — A Resolution Appointing And/Or Reappointing A
Member Or Members To The Pleasure Island Advisory Committee
(Requested By Councilmember Kinlaw)
B. Ordinances — Non-Consent
(1) P. O. No. 6892 — An Ordinance Approving The Appraisal Rolls For
The Year 2020 And Receiving Determinations From The Tax
Assessors Under Section 26.04 Of The Texas Property Tax Code
(2) P. O. No. 6893 — An Ordinance Extending The Declaration Of
Disaster Pursuant To §418.108(b) Of The Texas Government Code
AGENDA
August 18, 2020
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(3) P. 0. No. 6894 — An Ordinance Authorizing The Sale Of A Pallet Of
Bricks From The Transit Administration Building By A Public Online
Auction Through Rene Bates Auctioneers, Inc.
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 Government Code — Attorney Consultation To
Provide Advice And Counsel In Connection With The City's Rights,
Duties, Privileges, And Obligations In Connection With Negotiations
With The Port Arthur Police Association and International Fire
Fighter Association Local 397
(2) Section 551.071 Government Code — To Discuss And Receive Legal
Advice From The City Attorney Regarding Potential And/Or Pending
Litigation And Other Legal Matters Involving The City Of Port Arthur
(3) Section 551.072 Government Code — To Discuss Or Deliberate The
Purchase, Exchange, Lease, Or Value Of Real Property Located In
The City's Downtown
8
AGENDA
August 18, 2020
IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED
(4) Section 551.087 Government Code — To Discuss Incentives For
Commercial, Residential, And /Or Industrial Business Prospects For
The City's Downtown
(5) Section 551.074 Government Code — To Discuss The Duties And
Responsibilities Of The City Attorney (Requested By The City
Attorney)
*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 8:30 AM On August 19, 2020.
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 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.