HomeMy WebLinkAboutFEBRUARY 2, 2021 REGULAR MEETING AGENDA 9:30 AM THURMAN BILL BARTIE,MAYOR Energy -� RON BURTON
CHARLOTTE MOSES,MAI OR PRO TEM City of - ajn CITY MANAGER
COUNCIL MEMBERS:: I J) SHERRI BELLARD,TRMC
INGRID HOLMES CITY SECRETARY
CAL J.JONES ArtI
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THOMAS J.KINLAW 111 VAL TREND
KENNETH MARKS �t1� CITY ATTORNEY
DONALD FR:INK,SR
AG EN DA
City Council
Regular Meeting
February 2, 2021
9:30 AM
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
9:30 A.M. On February 2, 2021 [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: 891-4773-5966 And Passcode: 781262
(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
February 2, 2021
9:30 AM
PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES
I. INVOCATION, PLEDGE & ROLL CALL
Mayor Bartie
Mayor Pro Tern Moses
Councilmember Holmes
Councilmember Jones
Councilmember Kinlaw, III
Councilmember Marks
Councilmember Frank
City Manager Burton
City Secretary Bellard, TRMC
City Attorney Tizeno
Police Chief Duriso Or Designee
II. PROCLAMATIONS
Proclamations
III. PETITIONS & COMMUNICATIONS
A. Speakers — None
B. Presentations
(1) A Presentation By Representatives From The Stanley Consultant
Group Regarding The US EPA Brownfields Project In The City's
Downtown Revitalization Area
(2) A Presentation By The Public Works Department Regarding Four (4)
Drainage Projects Throughout The City Of Port Arthur
(3) A Presentation By The Port Arthur Health Department Regarding
The Covid-19 Vaccination Process
AGENDA
February 2, 2021
III. PETITIONS & COMMUNICATIONS — CONTINUED
C. Employee Recognition - None
D. Correspondence — None
E. Discussion
(1) A Discussion Regarding A Change In The Designation Of The Port
Arthur Economic Development Corporation From Type A To Type B,
Allowing The PAEDC To Promote And Develop New And Expanded
Business Enterprises That Create Or Retain Primary Jobs. A Type B
EDC May Fund: Public Safety Facilities, Recycling Facilities, etc.
(Requested By Councilmember Donald Frank)
IV. PUBLIC HEARINGS — 10:00 A.M. — None
V. UNFINISHED BUSINESS — None
VI. 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 Request — None
B. Expense Reports — None
C. Minutes
September 8, 2020 Regular Meeting
September 14, 2020 Special Meeting
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AGENDA
February 2, 2021
VI. CONSENT AGENDA — CONTINUED
D. Resolutions
(1) P.R. No. 21557 — A Resolution Authorizing The City Manager To
Execute Change Order No. 2, Increasing The Original Contract
Amount By $45,616.60 To A New Contract Amount Of $1,141,557.96
And Acceptance Of The Engineer's Certificate Of Substantial
Completion, Contractor's Affidavit Of Payment Of All Debts Paid,
Contractor's Certificate And Release, And The Contractor's Certificate
Of Warranty For The Nashville Avenue Pavement Improvements
Project, Authorizing The City Manager To Sign The Certificate Of
Acceptance On Behalf OfThe City Of Port Arthur, Texas; And Approve
The Release Of Retainage To Gulf Coast A CRH Company Of
Beaumont, Texas In The Amount Of $96,685.83 From The Capital
Improvements Account No. 307-1601-591.86-00. Project ST1P01
(2) P.R. No. 21661 — A Resolution Authorizing The Renewal Of A Two
(2) Year Contract Between The City Of Port Arthur And DataProse,
LLC, Of Coppell, Texas, For The Purpose Of Mailing Water Billing
Statements For Utilities Customer Service, With A Projected
Budgetary Impact Of $90,000.00 Per Year. Funding Is Available In
Utilities Account No. 410-1254-532.54-00, Professional Services
(3) P.R. No. 21733 — A Resolution Requesting City Council To Authorize
The Pre-Qualification Of Epic Engineering, LLC Of Orange, Texas For
The Purpose Of Providing Professional Electrical Engineering And
SCADA (Supervisory Control And Data Acquisition) Integration
Services For Utility Projects. This Pre-Qualification Will Be For A 2
Year Term
(4) P.R. No. 21743 — A Resolution Authorizing The Second
Amendment To The Contract With The Center For Transportation
And The Environment (CTE) Of Atlanta, Georgia For The Zero
Emission Electric Bus Project, Extending The Contract Completion
Date By Twelve (12) Additional Months To A New Completion
Date Of April 1, 2022 At No Additional Cost
AGENDA
February 2, 2021
VI. CONSENT AGENDA — CONTINUED
(5) P.R. No. 21752 — A Resolution Authorizing The City Manager To
Replace The Library's Boiler Piping Due To A Leak With Industrial
And Commercial Mechanical Of Beaumont, Texas Through The Texas
BuyBoard Contract No. 558-18, In The Amount Of$31,632.00. Funds
Are Available In Library Account No. 001-1403-551.32-00
(6) P.R. No. 21753 — A Resolution Approving The Closing Of The
Economic Development Conditional Grant Agreement Between
George Khalaf, Michael Khalaf And John Ganim D/B/A Gulfway
Plaza And The City Of Port Arthur Section 4A Economic
Development Corporation
(7) P.R. No. 21754 — A Resolution Authorizing The Second Year (First
Renewal) Of A Training Agreement Between The City Of Port Arthur
Section 4A Economic Development Corporation And Angel's Devine
Touch Corp. For Certified Nurses' Aide Training To Port Arthur
Residents At A Cost Not To Exceed $7,500.00; Funds Available In
EDC Account No. 120-1429-582.59-07
(8) P.R. No. 21755 — A Resolution Authorizing The City Of Port Arthur
Section 4A Economic Development Corporation To Enter Into A Sixty
(60) Month Fair Market Value (FMV) Lease With DataVox Of Houston,
Texas For Cabling Infrastructure And Communication System
Requiring An Initial Installation Cost Of $46,825.16 And Monthly
Lease Payments Of $12,776.60 To Serve The Community And
Business Development Center ("The Press Building"); Funds
Available In EDC Account No 120-1429-582.92-00
(9) P.R. No. 21756 — A Resolution Rescinding Resolution No. 19-382 In
Its Entirety As It Pertains To The Approval Of A Ground Lease
Between The City Of Port Arthur Section 4A Economic Development
Corporation And Motiva Enterprises, LLC
(10) P.R. No. 21757 — A Resolution Authorizing The Acceptance Of A
Donation From A Joseph Mouton, Private Citizen, In The Amount Of
$1,000.00
4
AGENDA
February 2, 2021
•
VI. CONSENT AGENDA — CONTINUED
(11) P.R. No. 21762 — A Resolution Authorizing The City Manager To
Execute A Commercial Refuse Disposal Contract Between The City
Of Port Arthur, Texas And Acadiana Waste Services, LLC Of Sour
Lake, Texas For The Purpose Of Disposing Of Refuse At The City's
Sanitary Landfill
(12) P.R. No. 21763 — A Resolution Authorizing The City Manager To
Execute A Commercial Refuse Disposal Contract Between The City
Of Port Arthur, Texas And Burke Center Of Lufkin, Texas For The
Purpose Of Disposing Of Refuse At The City's Sanitary Landfill
(13) P.R. No. 21764 — A Resolution Authorizing Annual Payment Of South
East Texas Regional Planning Commission Membership Dues In The
Amount Of $29,284.40 For The Fiscal Year Ending September 30,
2021. City Manager Special Purpose Account #001-1003-512.59-00,
M97902
(14) P.R. No. 21765 —A Resolution Authorizing The City Manager And The
Chief Of Police To Execute A Memorandum Of Understanding
Between The City Of Port Arthur And The Bureau Of Alcohol,
Tobacco, Firearms, And Explosives (ATF)
(15) P.R. No. 21766 —A Resolution Authorizing The City Manager And The
Police Chief To Execute A Memorandum Of Understanding (MOU)
Between The Karyn Purvis Institute Of Child Development (KCPID)
And The Port Arthur Police Department
(16) P.R. No. 21768 — A Resolution Authorizing The City Manage To Enter
Into An Agreement For Services With Christus Health Southeast
Texas DBA Christus St. Mary Outpatient Center Mid County For Drug
Testing Services
(17) P.R. No. 21769 — A Resolution Requesting Ratification Of The
Purchase Of Two Sets (Four Total) Of Portable Traffic Signal Systems
From Traffic And Parking Control Co., Inc. (TAPCO) Of Brown Deer,
Wisconsin, Via Omnia Partners Cooperative Purchasing Program With
A Total Budgetary Impact Of $129,730.00. Funding Is Available From
The Capital Improvement Account For The Mast Arm Program,
Account No. 307-1601-591.92-00
5
AGENDA
February 2, 2021
VI. CONSENT AGENDA — CONTINUED
(18) P.R. No. 21770 — A Resolution Rescinding Resolution No. 20-446
Regarding The Purchase Of Thirty (30) Commercial Containers From
Box Gang Manufacturing Of Houston, Texas And Further Authorizing
The Said Commercial Containers Form Box Gang Manufacturing Of
Houston, Texas Through HGAC Contract RH08-20 In The Amount Of
$33,700.00. Funding Is Available In Public Works (Minor Equipment)
Account Number 403-1273-533.25-00
(19) P.R. No. 21773 — A Resolution Authorizing The Adoption And
Establishment Of Program Guidelines And The Duplication Of
Benefits Policy And Procedures For The Utility Assistance Program
(20) P.R. No. 21775 — A Resolution Authorizing The Purchase Of A Trailer
Mounted Boom Lift From Associated Supply Company, Inc. Of
Beaumont, Texas For The Parks And Recreation Department
Through Texas BuyBoard Cooperative Purchasing Contract No. 597-
19, In The Amount Of $29,707.50; Funding Available In Parks
Account No. 001-1207-531.92-00
(21) P.R. No. 21776 — A Resolution Authorizing The City Manager To
Execute Settlement Of A Physical Damage Claim In The Amount Of
$6,882.57 Made Against Texas Municipal League Intergovernmental
Risk Pool (TMLIRP) As A Result Of Property Damage To Solid Waste
Unit #2217
(22) P.R. No. 21777 — A Resolution Authorizing The City Manager To
Execute Settlement Of A Physical Damage Claim In The Amount Of
$8,513.03 Made Against Texas Municipal League Intergovernmental
Risk Pool (TMLIRP) As A Result Of Property Damage To Police Vehicle
#2260
(23) P.R. No. 21779 — A Resolution Authorizing The City Manager To
Renew The Contract 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 $16,000.00;
Funding Available In Finance Department Account #001-1031-
515.54-00
6
AGENDA
February 2, 2021
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent — None
(1) P.R. No. 21569 —A Resolution Authorizing The City Manager To Enter
Into An Inter-Local Agreement Between The City Of Port Arthur And
The City Of Groves For The Provision Of Garbage Collection Services
For Certain Routes Within The City Of Port Arthur On An As-Needed
Basis, In An Amount Not To Exceed $26,769.60. Funds Are Available
In Residential Collection (Professional Services) 403-1272-533.54-00
(2) P.R. No. 21771 — A Resolution Authorizing The City Manager To
Commence The Application Process For A $4,500,000.00 Section 108
Project Loan With The U.S. Department Of Housing And Urban
Development (HUD) For The Rehabilitation Of The Facility At 5860
9th Avenue. The Renovated Facility Will Become The New Location
Of The Port Arthur Health Department
(3) P.R. No. 21774 — A Resolution Designating The First Monday In
March As Covid-19 Victims And Survivors Memorial Day (Requested
By Mayor Bartie)
B. Ordinances — Non-Consent
(1) P.O. No. 6933 — An Ordinance Extending The Declaration Of Disaster
Pursuant To §418.108(b) Of The Texas Government Code
(2) P.O. No. 6934 — An Ordinance Authorizing The Sale Of Surplus
Furniture/Minor Equipment, Vehicles, Equipment, Or Heavy
Equipment By A Public Online Auction Through Rene Bates
Auctioneers, Inc.
7
AGENDA
February 2, 2021
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(3) P.O. No. 6935 — An Ordinance Providing For The Conduct Of A
Special Election On May 1, 2021 To Submit A Proposition Regarding
The Use Of The City Of Port Arthur Type A Economic Development
Corporation Sales And Use Tax Funds To Be Used For Enhancements
At Adams Park, Rose Hill Park, And The Recreation And Senior
Citizens Center Pursuant To 505.152 Of The Texas Local Government
Code And Providing For Publication Of The Election Notice
UNA ORDENANZA QUE PREVE LA REALIZACION DE UNA ELECCION
ESPECIAL EL 1 DE MAYO DE 2021 PARA PRESENTAR UNA
PROPUESTA CON RESPECTO AL USO DE LOS FONDOS DEL
IMPUESTO SOBRE LAS VENTAS Y EL USO DE LA CORPORACION DE
DESARROLLO ECONOMICO TIPO A PARA LA CIUDAD DE PORT
ARTHUR QUE SE UTILIZARAN PARA MEJORAS EN ADAMS PARK,
ROSE HILL PARK, Y EL CENTRO DE RECREACION Y CIUDADANOS
MAYORES DE CONFORMIDAD CON 505.152 DEL CODIGO DE
GOBIERNO LOCAL DE TEXAS Y QUE PREVE LA PUBLICACION DEL
AVISO DE ELECCION
(4) P.O. No. 6936 — An Ordinance Authorizing A Special Warranty Deeds
For The Conveyance Of The City Owned Neighborhood Stabilization
Program Properties Located At 1201 6th Street, (Formerly Known As
618 Savannah Avenue), 1237 6th Street, 1011 Rev. Dr. Ransom
Howard Street, 1021 Rev. Dr. Ransom Howard Street, 1035 Rev. Dr.
Ransom Howard Street And 1037 6th Street To Tender Loving Care
Center For Children (TLCC), D/B/A Legacy CDC, A Community
Development Housing Organization (CHDO) For The Affordable
Housing Program
8
AGENDA 1
February 2, 2021
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(5) P.O. No. 6937 — An Ordinance Authorizing An Election Services
Contract And Lease Agreement Between The City Of Port Arthur And
Jefferson County Pertaining To The Conduct Of The May 1, 2021
Special Election
UNA ORDENANZA QUE AUTORIZA UN CONTRATO DE SERVICIOS
ELECTORALES Y UN CONTRATO DE ARRENDAMIENTO ENTRE LA
CIUDAD DE PORT ARTHUR Y EL CONDADO DE JEFFERSON EN
RELACION CON LA CELEBRACION DE LAS ELECCIONES ESPECIALES
DEL 1 DE MAYO DE 2021
VIII. *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 — To Discuss And Receive Legal
Advice For The City Attorney Regarding Potential And/Or Pending
Litigation And Other Legal Matters Involving The City Of Port Arthur
(2) Section 551.072 Government Code — To Discuss Or Deliberate The
Purchase, Exchange, Lease, Or Value Of Real Property On The
Certain Of Lands Located Along 9th Avenue
9
AGENDA
February 2, 2021
IX. ADJOURNMENT OF MEETING
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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 February 3, 2021.
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
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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.