HomeMy WebLinkAboutSEPTEMBER 28, 2021 REGULAR MEETING THURMAN BILL BARTIE,MAYOR RON BURTON
DONALD FRANK,SR.,MAYOR PRO TEM City of CITY MANAGER
COUNCIL MEMBERS: '`} SHERRI BELLARD,TRMC
INGRID HOLMES CITY SECRETARY
CAL J.JONES o r l r t h u r
THOMAS J.KINLAW 111 VAL TIZENO
KENNETH MARKS Tct`' CITY ATTORNEY
DONALD FRANK,SR
CHARLOTTE MOSES
AG E N DA
City Council
Regular Meeting
September 28, 2021
5:30 P. M .
The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting
Scheduled At 5:30 P.M. CST On Tuesday, September 28, 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: 825 3316 5748 And Passcode: 041180
(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 28, 2021
5:30 PM
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) Stacy Johnson Regarding 60th Street Road Conditions
B. Presentations
(1) A Presentation By Entergy Regarding The Entergy Environmental
Initiative Fund Competitive Award To Port Arthur Transit (PR 22137)
(2) A Presentation Of SevenStar, Inc. Made By Dimitri Roberts Pertaining
To A Contactless Policing Application For Safer And Accountable
Interactions
(3) A Presentation By Staff Regarding The August Financial Report
(4) A Presentation By Fire Chief Gregory Benson
AGENDA
September 28, 2021
III. PETITIONS & COMMUNICATIONS — CONTINUED
C. Employee Recognition — None
D. Correspondence — None
E. Discussion
(1) A Discussion/Status Update And Take Possible Action Regarding The
Following City Projects:
1. The 2021/2022 Street Improvement Program
2. Capital Improvement Projects That Were Financed By The
General Fund In The Fiscal Year 2021/2022 Budget
3. Projects Authorized Through The Issuance Of The 2021
Certificates Of Obligation
(Requested By Mayor Pro Tern Frank)
IV. PUBLIC HEARINGS — 6:00 P.M.
To Receive Public Comment Regarding The Application With TDHCA For
Housing Tax Credits Submitted By Port Arthur Stonegate Manor, LP
Regarding The Proposed Rehabilitation Development For Affordable Rental
Housing Of 240 Units At 4121 Turtle Creek Drive, In The City Of Port Arthur,
County Of Jefferson, Texas 77642
V. 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;
2
AGENDA
September 28, 2021
V. 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
VI. UNFINISHED BUSINESS — NONE
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 — None
AGENDA
September 28, 2021
VII. CONSENT AGENDA — CONTINUED
B. Minutes
September 14, 2021 Regular Meeting
September 21, 2021 Special Meeting 09:30 am
September 21, 2021 Special Meeting 10:30 am
September 21, 2021 City Council & EDC Joint Special Meeting
C. Resolutions
(1) P.R. No. 22051 — A Resolution Authorizing The City Manager To
Execute The Deed Of Trust, Special Warranty Deed With A Vendor's
Lien, And Loan Agreement Between The City Of Port Arthur And
Rowland Miller For Participation In The City Of Port Arthur's Owner
Occupied Housing Assistance Rehabilitation And Reconstruction
Program
(2) P.R. No. 22099 —A Resolution Authorizing Repairs To Equipment No.
2342, Caterpillar D8T Dozer, For The Landfill By Mustang CAT Of
Beaumont, Texas, In The Amount Of $58,491.00. Funds Available In
Account No. 403-50-320-5318-00-70-000
(3) P.R. No. 22132 — A Resolution Authorizing The City Manager To
Purchase A 2021 Chevy Tahoe Police Vehicle From Lake Country
Chevrolet Through GoodBuy Cooperative Purchasing Contract No.
21-8F00 In The Amount Of $40,980.70 For The Purpose Of Mental
Health Officer Duties; Funding Available In Account No. 625-19-047-
8523-00-00-000
(4) P.R. No. 22135 — A Resolution Authorizing The City Manager To
Amend The 2018 Brownfields Grant Agreement. The Amendment
Includes Extending The Cooperative Agreement Expiration Date
From September 30, 2021, To September 30, 2022, And Transferring
The Remaining $8,926.42 In The Travel And Supply Budget To The
Contractual Budget
4
AGENDA
September 28, 2021
VII. CONSENT AGENDA — CONTINUED
(5) P.R. No. 22136 — A Resolution Authorizing The City Manager To
Amend The 2018 Brownfields Grant Agreement With Stanley
Consultants. The Amendment Includes Extending The Contract
Expiration Date To September 30, 2022, And Increasing The
Contract Budget From $290,000.00 To S298,926.00 Account Number
113-13-033-5470-00-40-000; Project Number BF0001.GRE.00S
(6) P.R. No. 22137 — A Resolution Authorizing The City Manager To
Accept Entergy Services, LLC's Environmental Initiative Fund
Competitive Award Being Awarded To Port Arthur Transit In An
Amount Of $200,000.00
(7) P.R. No. 22138 — A Resolution Authorizing The City Manager To
Execute A Memorandum Of Understanding 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 Neighborhood Stabilization
Program (NSP) Properties In The Downtown Targeted Area
(8) P.R. No. 22139 — A Resolution Authorizing The Designation Of
Tender Loving Care Center For Children D/B/A Legacy Community
Development Corporation As A Community Based Development
Organization (CBDO) To Utilize CDBG Funds To Assist With
Infrastructure Related Activities And Projects In The Downtown
Affordable Housing Target Area. Funding Will Be Provided By The
Housing And Neighborhood Revitalization Account Numbers 105-13-
033-5470-00-40-000, Project Numbers CD6145 AND CD7145
(9) P.R. No. 22140 — A Resolution Authorizing Payment Of Annual
Service Fees For Naviline ASP To Superion LLC In The Amount Of
$154,743.67. Account No. 001-09-023-5420-00-10-000
(10) P.R. No. 22150 —A Resolution Authorizing The City Manager To Enter
Into A Contract With Custom Products Corporation Of Jackson,
Mississippi, Through The BuyBoard Cooperative Purchasing Program
Contract No. 608-20 For The Purchase Of Traffic Signs And Mounting
Equipment, With A Budgetary Impact Amount Of $80,000.00.
Funding Is Available In Account No. 001-21-057-5321-00-70-000
AGENDA
September 28, 2021
VII. CONSENT AGENDA — CONTINUED
(11) P.R. No. 22151 —A Resolution Authorizing The City Manager To Enter
Into A Contract With Cubic Its, Inc. Of Sugar Land, Texas, Through
BuyBoard Contract No. 608-20 And Traffic Parts, Inc. Of Conroe,
Texas, Through BuyBoard Contract No. 603-20 For The Purchase Of
Traffic Signals And Cabinets, With A Budgetary Impact Amount Of
$80,000.00. Funding Is Available In Account No. 001-21-057-5321-
00-70-000
(12) P.R. No. 22152 — A Resolution Amending The FY 2021-2024 Contract
Between The City Of Port Arthur And The Department Of State
Health Services, Covid-19 Immunization Program Increasing The
Grant By $1,270,055.00. The Total Amount Of This Grant Will Not
Exceed $2,012,567.00, And It Will Be Effective Upon Signature And
Expire 06/30/2024. No Cash Match Is Required
(13) P.R. No. 22155 — A Resolution Authorizing The City Of Port Arthur To
Enter Into A Memorandum Of Understanding (MOU) With The
Southeast Texas Regional Planning Commission (SETRPC) To
Enhance The City's Existing Communication Capabilities With
Blackboard Connect, In An Amount Not To Exceed $16,799.80;
Funding Available In Account No. 001-17-045-5482-00-30-000
(14) P.R. No. 22157 — 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
$30,297.24, With A 24.85% In-Kind Match. The In-Kind Match Is
Covered By Existing Fringe Benefits And Administration Functions
(15) P.R. No. 22158 — A Resolution Authorizing The City Manager To
Execute The Settlement Of A Claim In The Amount Of $5,145.00
Made Against Texas Municipal League Intergovernmental Risk Pool
(TMLIRP) As A Result Of The Flood Damage To Metal Bookends At
The Port Arthur Public Library As A Result Of Hurricane Harvey
(August 30, 2017)
6
AGENDA
September 28, 2021
VII. CONSENT AGENDA — CONTINUED
(16) P.R. No. 22159 — A Resolution Authorizing The City Manager To
Execute Settlement Of A Physical Damage Claim In The Amount Of
$59,755.00 Made Against Texas Municipal League
Intergovernmental Risk Pool (TMLIRP) As A Result Of Property
Damage To Chiller Equipment At The Health Department (449 Austin
Avenue)
(17) P.R. No. 22160 — A Resolution Approving An Amendment To The
Contract Between The City Of Port Arthur And The Port Arthur
Convention And Tourist Association Which Manages And Operates A
Convention/Visitors Bureau In Order To Provide Funding Of The
2021-2022 Fiscal Year In The Amount Of $777,000.00, Hotel
Occupancy Tax Account No. 140-15-600-5470-00-20-000,
H07912.OTH.00S
(18) P.R. No. 22161 — A Resolution Approving A Contract Between The
City Of Port Arthur And Southeast Texas Arts Council (SETAC) For
The Purpose Of Funding SETAC For The 2021-2022 Fiscal Year In
The Amount Of $30,000.00, Hotel Occupancy Tax Account No. 140-
15-600-5470-00-20-000, H07901.OTH.00S
(19) P.R. No. 22162 — A Resolution Approving A Contract Between The
City Of Port Arthur, And The Port Arthur Historical Society For The
Purpose Of Funding The Museum Of The Gulf Coast For The 2021-
2022 Fiscal Year In The Amount Of $246,336.00, Hotel Occupancy
Tax Account No. 140-15-600-5470-00-20-000, H07904.OTH.00S
(20) P.R. No. 22163 — A Resolution By The City Council Of The City Of
Port Arthur, Texas Approving A Grant Agreement With The Texas
Water Development Board And Authorizing The City Manager As The
Designated Representative Of The City To Execute A Grant
Agreement; And Approving Other Matters Related Thereto
AGENDA
September 28, 2021
VII. CONSENT AGENDA — CONTINUED
(21) P.R. No. 22166 — A Resolution Authorizing The City Manager To
Execute Change Order No. 1 For A Deduction To The Contract
Between The City Of Port Arthur And Excavation & Construction, LLC
Of Port Arthur, Texas, For The Removal Of Pavement Items,
Liquidated Damages And Revised Contract Completion Date On The
Forest Drive Roadway Reconstruction Project From Evergreen Drive
To Woodrow Drive. Funding Is Not Impacted In The Capital
Improvements Street Account No. 307-21-053-8517-00-10-000.
Project No. ST1P17
(22) P.R. No. 22168 — A Resolution Authorizing The City Manager To
Execute A Ground Lease, Fixed Price Contract And A Supplemental
Deed Of Trust 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 An
Affordable House On A Neighborhood Stabilization Program (NSP)
Property Located At 1037 6th Street In The Downtown Targeted Area
(23) P.R. No. 22169 — A Resolution Authorizing The City Manager, As The
Designated Representative Of The City Of Port Arthur, To Execute
An Agreement With The Texas Water Development Board For
Funding In The Amount Of $455,000.00
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 22141 — A Resolution Approving Amendment No. 1 To The
Economic Development Conditional Grant Agreement Between The
City Of Port Arthur Section 4A Economic Development Corporation
And I&C Entertainment II, LLC
(2) P.R. No. 22142 — 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
8
AGENDA
September 28, 2021
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(3) P.R. No. 22143 — A Resolution Approving An Economic Incentive
Contract And Loan Agreement Between The City Of Port Arthur
Section 4A Economic Development Corporation And Clifford Distilling
LLC In An Amount Not To Exceed $162,500.00; Funding Available In
PAEDC Account No. 120-80-625-5478-00-00-000
(4) P.R. No. 22144 — A Resolution Authorizing The Second Year (First
Renewal) Of The Contract With Joey's Tractor Service, Of Port
Arthur, Texas And The City Of Port Arthur Section 4A Economic
Development Corporation For Grass Cutting Services At The Spur 93
And Jade Avenue Business Parks Not To Exceed $30,250.00; Funds
Available In EDC Account Number 120-80-625-5479-00-00-000
(5) P.R. No. 22146 — A Resolution Appointing And/Or Reappointing A
Member Or Members To The Golf Course Committee (Requested By
Councilmember Kinlaw)
(6) P.R. No. 22148 — A Resolution Approving An Economic Development
Conditional Grant Agreement Between The City Of Port Arthur
Section 4A Economic Development Corporation And A&P AMIN, LLC
For An Amount Not To Exceed $157,762.31; Funds Available In EDC
Account No. 120-80-625-5478-00-00-000
(7) P.R. No. 22153 — A Resolution Reconsidering Proposed Resolution
No. 22007 Authorizing The City Manager To Enter Into An Agreement
With Construction Managers Of Southeast Texas, LLC Of Port Arthur,
Texas, For Parking Lot Rehabilitation And Expansion Of The Existing
Parking Lot Located At The Corner Of 4th Street And Waco Avenue
In The Amount Of $610,302.49. Funding Is Available In The Capital
Improvement Account Number 307-25-067-8525-00-10-000; Project
# DT0001.CON (Requested By Mayor Pro Tern Frank)
B. Ordinances — Non-Consent
(1) P.O. No. 6984 — An Ordinance Authorizing The Sale Of City Owned
Property Legally Described As Lot 43, Marina Colony Subdivision In
Pleasure Island, Commonly Known As 400 Island Way And Execution
Of A Special Warranty Deed For Conveyance Thereof
9
AGENDA
September 28, 2021
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(2) P.O. No. 6999 — An Ordinance Authorizing The City Manager To
Execute Settlement Of An Automobile Physical Damage Claim In The
Amount Of $7,787.00 Made Against Texas Municipal League
Intergovernmental Risk Pool (TMLIRP) As A Result Of The Property
Damage To Parks Unit #1865
(3) P.O. No. 7000 — An Ordinance Amending Ordinance No. 20-86, As It
Pertains To The 2020-2022 Collective Bargaining Agreement
Between The City Of Port Arthur And The International Association
Of Fire Fighters Local 397
(4) P.O. No. 7003 — An Ordinance Approving A Collective Bargaining
Agreement Between The City Of Port Arthur And The Port Arthur
Police Association. Proposed Funding: Police Department Budget
Account No. 001-17-045-8911-00-30-000
(5) P.O. No. 7004 —An Ordinance Extending The Declaration Of Disaster
Pursuant To §418.108(b) Of The Texas Government Code
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 9:30 AM On September 29, 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.