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HomeMy WebLinkAboutSEPTEMBER 14, 2021 CITY COUNCIL REGULAR MEETING AGENDA THURMAN BILL BARTIE,MAYOR ~ Energy RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of at, 47 CITY MANAGER A COUNCIL MEMBERS: � SHERRI BELLARD,TRMC INGRID HOLMES CITISECRETARY CAL J.JONES � 4rt h u r THOMAS J.KINLAW III VAL TREND KENNETH MARKS j` i`r CITY ATTORNEY DONALD FRANK,SR CHARLOTTE MOSES AG E N DA City Council Regular Meeting September 14, 2021 The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 9:30 A.M. On Tuesday, September 14, 2021 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 Toll-Free Numbers And Entering The Meeting ID: 848 4739 5078 And Passcode: 433054 (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 Regular Meeting City Hall Council Chamber City Of Port Arthur September 14, 2021 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Frank Councilmember Holmes Councilmember Jones Councilmember Kinlaw, III Councilmember Marks Councilmember Moses City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Joan Jones Regarding Council On Zoom Meeting (August 31, 2021) (2) Harold L. Doucet Sr. Regarding The Fiscal Year 2021-2022 Proposed Budget (3) Hilton Kelley Of The Community In-Power And Development Association Inc. (CIDA) And Michelle Smith Of The Houston Advanced Research Center (HARC) Regarding CIDA & HARC Solar Project Proposal B. Presentations — None C. Employee Recognition — None 1 AGENDA September 14, 2021 III. PETITIONS & COMMUNICATIONS — CONTINUED D. Correspondence — None E. Discussion (1) A Discussion Regarding The Pleasure Island Boat Ramp (Requested By Mayor Pro Tern Frank) IV. PUBLIC HEARINGS — 10:00 A.M. (1) To Receive And Consider Public Comment For All Interested Citizens With Regard To The City Of Port Arthur's Proposed Annual Operating Budget And Capital Improvement Program For The Fiscal Year Beginning October 1, 2021 And Ending September 30, 2022. The Port Arthur Section 4A Economic Development Corporation's Operating Budget Will Also Be Considered. The Public Will Also Be Able To View The Public Hearing Via The City's Website At www.portarthurtx.gov THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR'S BUDGET BY $1,695,759.00 OR 7.68% AND OF THAT AMOUNT, $534,730.00 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR V. CONSIDERATION & ACTION ON THE FISCAL YEAR 2021-2022 BUDGET ORDINANCE / ADOPTION OF A TAX RATE & RELATED MATTERS (1) P.O. No. 6990 — An Appropriation Ordinance Adopting A Budget For The Ensuing Fiscal Year Beginning October 1, 2021 And Ending September 30, 2022, In Accordance With Section 7, Article XII Of The Charter Of The City Of Port Arthur *RATIFICATION VOTE PURSUANT TO TEXAS LOCAL GOVERNMENT CODE 102.007 ( c ) *TWO ROLL CALL VOTES REQUIRED 2 AGENDA September 14, 2021 V. CONSIDERATION & ACTION ON THE FISCAL YEAR 2021-2022 BUDGET ORDINANCE / ADOPTION OF A TAX RATE & RELATED MATTERS — CONTINUED (2) P.O. No. 6991 —An Appropriation Ordinance Approving And Adopting A Budget For The City Of Port Arthur Section 4A Economic Development Corporation For The Ensuing Fiscal Year Beginning October 1, 2021 And Ending September 30, 2022 In Accordance With Section 12.03 Of The Bylaws Of The Corporation *ROLL CALL VOTE (3) P.O. No. 6992 —An Ordinance Adopting A Tax Rate For The Tax Year 2021 (Fiscal Year October 1, 2021 — September 30, 2022) *MOTION PURSUANT TO 26.05 OF THE TEXAS TAX CODE *TWO ROLL CALL VOTES (4) P.O. No. 6993 — An Ordinance Approving The 2021 Tax Roll For The Use And Support Of The Municipal Government Of The City Of Port Arthur; And Providing For The Interest And Sinking Fund And Apportioning Each Levy For A Specific Purpose *ROLL CALL VOTE VI. 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 AGENDA September 14, 2021 VI. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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 **Possible Action May Not Be Discussed In Conjunction With The Information Provided In The Report VII. UNFINISHED BUSINESS — NONE VIII. 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. 4 AGENDA September 14, 2021 VIII. CONSENT AGENDA — CONTINUED A. Travel/Expense Request — None B. Minutes August 31, 2021 Special Meeting August 31, 2021 Special Executive Meeting August 31, 2021 Regular Meeting September 7, 2021 Special Meeting C. Resolutions (1) P.R. No. 22012 — A Resolution Authorizing The City Manager To Execute A New Contract With Tri-Con, Inc. Of Beaumont, Texas To Purchase Gasoline For Port Arthur Transit And Ultra Low Sulfur Diesel Fuel For Utility Operations, And A Contract With Petroleum Traders Of Fort Wayne, Indiana To Purchase Ultra Low Sulfur Diesel For Port Arthur Transit; Funds Available In Project TR307A Account 401-70- 530-5230-00-60-00 And 401-70-525-5230-06-00 (PAT) And 410-40- 210-5230-00-00-000, 410-40-215-5230-00-00-000, 410-40-220- 5230-00-00-000, 410-40-225-5230-00-00-000 (Utility Services) (2) P.R. No. 22116 — A Resolution Authorizing The City Manager To Execute An Agreement With The Construction Managers Of Southeast Texas Of Port Arthur, Texas Through Region VIII Educational Service Center - Texas Interlocal Purchase System (TIPS) To Replace Interior Heaters At Equipment Services Two (2) Maintenance Shops Located At 101 And 103 HO Mills, In An Amount Not To Exceed $33,400.00; Funds Available In The Equipment Services Building Renovation Capital Project Account 307-21-049- 8512-00-10-000; Project B00010 CON (3) P.R. No. 22118 — A Resolution Amending The Program Guidelines For The City Of Port Arthur's Utility Assistance Program (4) P.R. No. 22119—A Resolution Authorizing The City Manager To Enter Into An Agreement With N & T Construction Of Beaumont, Texas. For The Repair And Renovation Of A Portion Of The Exterior Of Rose Hill Manor In The Amount Of $180,000.00. Funds Are Available In Hurricane Account #Laural5-GRE-BUM And #DLTALS-GRE-BUM 5 AGENDA September 14, 2021 VIII. CONSENT AGENDA — CONTINUED (5) P.R. No. 22120 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Renew The Contract For Landscaping And Irrigation Maintenance At The Jade Avenue Business Park With Frey's Landscape Of Orange, Texas In The Amount Of $26,222.50; PAEDC Funding Account No. 120-1429- 582.59-02; And Setting An Effective Date (6) P.R. No. 22121 —A Resolution Approving An Invoice Payment In The Amount Of$5,005.00 From Joey's Tractor Service To The Port Arthur Section 4A Economic Development Corporation For Lawn Service At The EDC Business Park; Funds Available In Account No. 120-80-625- 5479-00-00-000; And Setting An Effective Date (7) P.R. No. 22122 — A Resolution Authorizing An Agreement Between The City Of Port Arthur And The City Of Port Arthur Section 4A Economic Development Corporation For The Use Of Property Located At The Jade Avenue Business Park As A Temporary Debris Management Site In The Event Of State Or Federally Declared Disaster (8) P.R. No. 22125 — A Resolution Approving The Contract Between The City Of Port Arthur And The Department Of State Health Services To Provide Funding For COVID-19 Health Disparities Program. This Grant Will Not Exceed $290,000.00. This Contract Begins September 1, 2021 And Terminates May 31, 2023. No Cash Match Is Required (9) P.R. No. 22126 — A Resolution Approving The Contract Between The City Of Port Arthur And The Department Of State Health Services To Provide Public Health Workforce Funding To Sustain Public Health Activities In Support Of COVID-19. The Total Amount Of This Grant Will Not Exceed $385,000.00. It Will Be Effective On Signature And Terminates June 30, 2023. No Cash Match Is Required 6 AGENDA September 14, 2021 VIII. CONSENT AGENDA — CONTINUED (10) P.R. No. 22127 — A Resolution Calling For A Public Hearing To Consider Granting A Zoning Change From Light Commercial To Planned Development District — 41 For Approximately 2.5524-Acres Of Land Consisting Of Lot 7 (Tracts 2, 3 And 6), Block 2, Port Acres Addition, Lot 7, Block 2, And Lots 9 And 10, Block 3, Mari Addition, City Of Port Arthur, Jefferson County, Texas (6621 West Port Arthur Road & 2383 65th Street) (11) P.R. No. 22130 — A Resolution Authorizing The Purchase Of A 14' Web Whirl Rope Climber For Bryan Park Located At 1000 Gulfway Drive From Kraftsman Of Spring, Texas Through Texas BuyBoard Cooperative Purchasing Contract No. 592-19 In The Amount Of $32,057.14; Funding Available Account Number 001-25-065-5322- 00-20-000 IX. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21801 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmembers Jones And Kinlaw) (2) P.R. No. 22115 —A Resolution Authorizing The Execution Of A Master Equity Lease Agreement And Accompanying Documents Between The City Of Port Arthur And Enterprise Fleet Management, Inc., For The Replacement Of Thirty-One Vehicles Through The Cooperative Purchasing Program With JBC Sourcewell (Contract No. 060618- EFM) To Lease Capital Equipment For Various City Departments In An Amount Not To Exceed $1,400,823.00 (3) P.R. No. 22123 — A Resolution Authorizing An Amendment To Resolution No. 21-287 As It Pertains To The Professional Engineering Agreement Between The City Of Port Arthur And The Solco Group, LLC., Of Beaumont, Texas To Provide For Reconstruction And Drainage Repairs On Dallas And Fort Worth Avenues For A Total Project Cost Not To Exceed $191,235.00. Funding Is Available In Transit Capital Account No. 401-70-530-8525-00-60-000; Project DR1P06 AGENDA September 14, 2021 IX. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.R. No. 22124 — A Resolution Calling For A Public Hearing To Consider A Proposed Application By Port Arthur Stonegate Manor, LP For Private Activity Bonds For Low-Income Tax Credits At 4121 Turtle Creek Drive, Port Arthur, Texas 77642 And Authorizing An Allocation Of Housing Tax Credits For The Approval Of The Proposed Rehabilitation Development Of Affordable Housing Of 240 Units (5) P.R. No. 22131 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Police Chief Advisory Committee (Requested By Councilmember Kinlaw) B. Ordinances — Non-Consent (1) P.O. No. 6697 — An Ordinance By The City Of Port Arthur, Texas ("City") Denying The Distribution Cost Recovery Factor Rate Increase Request Of Entergy Texas, Inc. Filed On Or About August 31, 2021; Setting Just And Reasonable Rate For Texas, Inc. For Service Within The Municipal Limits; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings X. *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 1 8 AGENDA September 14, 2021 X. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED Closed Meeting: (1) 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 (2) Section 551.076 Government Code — To Discuss The Duties And Responsibilities Of The City Manager, City Attorney, City Secretary and Municipal Court Judge (Requested By Councilmember Moses) *The Items In Executive Session May Be Discussed And Acted On In Open Session XI. 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 September 15, 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 *************************************************** 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.