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HomeMy WebLinkAbout(1) 09/14/2021 REGULAR MEETING REGULAR MEETING — September 14, 2021 I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie 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, September 14, 2021 at 9:38 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman Bill Bartie; Mayor Pro Tem Donald Frank, Sr.; Councilmembers Ingrid Holmes, Cal Jones, Thomas Kinlaw, III, Kenneth Marks and Charlotte Moses; City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. II. PROCLAMATIONS - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Joan Jones Regarding Council On Zoom Meeting (August 31, 2021) Not present. (2) Harold L. Doucet Sr. Regarding The Fiscal Year 2021-2022 Proposed Budget Harold Doucet appeared before the City Council to discuss the above-mentioned item. (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 Hilton Kelley of Community In-Power and Development Association, Inc. (CIDA) and Michell Smith of the Houston Advanced Research Center (HARC) appeared before the City Council to request a letter of support for a solar project proposal. B. Presentations — None C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Discussion Regarding The Pleasure Island Boat Ramp (Requested By Mayor Pro Tern Frank) Parks and Recreation Director Chandra Alpough appeared before the City Council to answer inquiries regarding the boat ramp project. IV. PUBLIC HEARING(S) - 9:00 AM 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 The Mayor reconvened the above-mentioned Public Hearing at 10:03 a.m. Finance Director Kandy Daniel appeared before the City Council and gave an overview of the above-mentioned budget. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. Harold Doucet appeared before the City Council to discuss the above-mentioned budget. Upon the motion of Councilmember Marks, seconded by Councilmember Jones and carried unanimously, the City Council closed the Public Hearing at 10:35 a.m. V. CONSIDERATION & ACTION ON THE FISCAL YEAR 2021-2022 BUDGET ORDINANCE / ADOPTION OF A TAX RATE & RELATED MATTERS Councilmember Moses read the following motion into the record: I Move That The City Of Port Arthur Adopt And Ratify The Budget For Fiscal Year 2021 — 2022 As It Will Raise More Revenue From Property Taxes Than Last Year's Budget By An Amount Of $1,695,759.00, 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 The motion was made by Councilmember Moses and seconded by Councilmember Kinlaw to adopt the above-mentioned motion. The following roll call vote was taken to adopt the above-mentioned motion: Mayor Pro Tem Frank "Yes" Councilmember Holmes "Yes" Councilmember Jones "Yes" Councilmember Kinlaw "Yes" Councilmember Marks "Yes" Councilmember Moses "Yes" Mayor Bartie "Yes" The above-mentioned motion carried unanimously. (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 City Council Minutes Regular Meeting — September 14, 2021 2 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 The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Marks and seconded that Proposed Ordinance No. 6990 be adopted. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6990: Mayor Pro Tern Frank "Yes" Councilmember Holmes "Yes" Councilmember Jones "Yes" Councilmember Kinlaw "Yes" Councilmember Marks "Yes" Councilmember Moses "Yes" Mayor Bartie "Yes" Proposed Ordinance No. 6990 was adopted becoming Ordinance No. 21-64. The caption of Ordinance No. 21-64 reads as follows: ORDINANCE NO. 21-64 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 (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 The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Moses and seconded by Councilmember Marks that Proposed Ordinance No. 6991 be adopted. EDC CEO Floyd Batiste appeared before the City Council to answer inquiries regarding the EDC budget. The motion was made by Councilmember Moses and seconded by Councilmember Marks that Proposed Ordinance No. 6991 be amended as follows: I Make An Amendment To Keep The EDC Deputy Director In The Budget And Also Continue With The Community And Business City Council Minutes Regular Meeting — September 14, 2021 3 Marketing Recruitment Manager Position At Its Current Salary Rate And Range Until A New Director Has Been Appointed To The EDC The following roll call vote was taken on the motion to amend Proposed Ordinance No. 6991: Mayor Pro Tern Frank "Yes" Councilmember Holmes "Yes" Councilmember Jones "Yes" Councilmember Kinlaw "Yes" Councilmember Marks "Yes" Councilmember Moses "Yes" Mayor Bartie "Yes" The motion to amend Proposed Ordinance No. 6991 carried. The following roll call vote was taken to adopt Proposed Ordinance No. 6991, as amended: Mayor Pro Tern Frank "Yes" Councilmember Holmes "Yes" Councilmember Jones "Yes" Councilmember Kinlaw "Yes" Councilmember Marks "Yes" Councilmember Moses "Yes" Mayor Bartie "Yes" Proposed Ordinance No. 6991 was adopted, as amended, becoming Ordinance No. 21- 65. The caption of Ordinance No. 21-65 reads as follows: ORDINANCE NO. 21-65 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 Councilmember Moses read the following motion into the record: I Move That The Property Tax Rate Be Increased By The Adoption Of A Tax Rate Of $0.741715, Which Is "Effectively" A 5.0405 Percent Increase In The Tax Rate The motion was made by Councilmember Moses and seconded by Mayor Pro Tern Frank that the above-mentioned motion be adopted. The following roll call vote was taken on the above-mentioned motion: Mayor Pro Tem Frank "Yes" Councilmember Holmes "Yes" Councilmember Jones "Yes" Councilmember Kinlaw "Yes" City Council Minutes Regular Meeting — September 14, 2021 4 Councilmember Marks "Yes" Councilmember Moses "Yes" Mayor Bartie "Yes" The above-mentioned motion carried unanimously. (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 The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Kinlaw and seconded by Councilmember Holmes that Proposed Ordinance No. 6992 be adopted. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6992: Mayor Pro Tem Frank "Yes" Councilmember Holmes "Yes" Councilmember Jones "Yes" Councilmember Kinlaw "Yes" Councilmember Marks "Yes" Councilmember Moses "Yes" Mayor Bartie "Yes" Proposed Ordinance No. was adopted becoming Ordinance No. 21-66. The caption of Ordinance No. 21-66 reads as follows: ORDINANCE NO. 21-66 AN ORDINANCE ADOPTING A TAX RATE FOR THE TAX YEAR 2021 (FISCAL YEAR OCTOBER 1, 2021 — SEPTEMBER 30, 2022) (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 The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Marks and seconded by Jones that Proposed Ordinance No. 6993 be adopted. The following roll call vote was taken to adopt Proposed Ordinance No. 6993: Mayor Pro Tern Frank "Yes" Councilmember Holmes "Yes" Councilmember Jones "Yes" Councilmember Kinlaw "Yes" Councilmember Marks "Yes" City Council Minutes Regular Meeting — September 14, 2021 5 Councilmember Moses "Yes" Mayor Bartie "Yes" Proposed Ordinance No. 6993 was adopted becoming Ordinance No. 21-67. The caption of Ordinance 21-67 reads as follows: ORDINANCE NO. 21-67 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 Upon the motion of Councilmember Moses, seconded by Mayor Pro Tern Frank the following agenda items were tabled until September 21, 2021 at 9:30 a.m. Voting Yes: Mayor Bartie, Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None 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) 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 City Council Minutes Regular Meeting — September 14, 2021 6 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. 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 #Laura15-GRE-BUM And #DLTALS- GRE-BUM (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 City Council Minutes Regular Meeting — September 14, 2021 7 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 (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 City Council Minutes Regular Meeting — September 14, 2021 8 (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 (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 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) City Council Minutes Regular Meeting — September 14, 2021 9 *The Items In Executive Session May Be Discussed And Acted On In Open Session XI. ADJOURNMENT OF MEETING Upon the motion by Councilmember Marks, seconded by Councilmember Holmes and carried unanimously, the City Council adjourned their meeting at 10:47 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 September 14, 2021. APPROVED: . City Council Minutes Regular Meeting — September 14, 2021 10