HomeMy WebLinkAboutMAY 10, 2022 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAI OR Energy RON BURTON
DONALD FRANK,SR.,MAYOR PRO TEN] City Of city CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
INGRID HOLMES CITY SECRETARY
CAL J.JONES 0r1 I"I II1( 1"
THOMAS J.KINLAW III VAL TREND
KENNETH MARKS Texas CITY ATTORNEY
CHARLOTTE MOSES
AG E N DA
City Council
Regular Meeting
May 10, 2022
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, May 10, 2022 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: 899 7488 1528 And Passcode: 002493
(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
May 10, 2022
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) Hardner Williams Of The United Citizens Of Port Arthur, Regarding
Majority Voting Versus Plurality Voting
(2) Westley Johnson Regarding Cecil Reynolds Park And Trash Dumping
On Lewis Drive
(3) Terrance C. Prevost Regarding Civil Matters / Restoration Of A
Historical Home
B. Presentations
(1) A Presentation By Senior Account Executive Mike Butler Of Bird
Rides, Incorporation Regarding The E-Scooter Pilot Program
AGENDA
MAY 10, 2022
III. PETITIONS & COMMUNICATIONS — CONTINUED
(2) A Presentation By Claire Jackson Of Motiva Enterprise Regarding An
Update On Downtown Development (Requested By Councilmember
Kinlaw)
(3) A Presentation By TxDOT Regarding Progress On The Gulfway Drive
Roadway Project
(4) A Presentation Regarding The Fiscal Year 2020 Audit Report
(5) A Presentation By Staff Regarding The March Financial Report
(6) A Presentation By Staff Regarding Unfilled Positions (Requested By
Mayor Pro Tern Frank)
C. Employee Recognition — None
D. Correspondence — None
E. Discussion
(1) A Report Regarding TxDOT's Progress On Gulfway Drive Roadway
Project (Requested by Councilmember Holmes and Kinlaw)
IV. PUBLIC HEARINGS — 6:00 P.M. — NONE
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;
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AGENDA
MAY 10, 2022
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.
AGENDA
May 10, 2022
VII. CONSENT AGENDA — CONTINUED
A. Travel Request/Expense Reports — None
B. Minutes
April 12, 2022 Special Executive Meeting
April 12, 2022 Regular Meeting
April 18, 2022 Special Meeting
C. Resolutions
(1) P.R. No. 22297 — A Resolution Authorizing The City Manager To
Execute Amendment No. 4 To The Software Service Agreement With
Tyler Technologies Approved Via Resolution 19-392 To Reschedule
The Go-Live Date For The Utility Billing Module
(2) P.R. No. 22491 — A Resolution Authorizing The City Manager To
Execute Change Order No. 02 To The Contract Between The City Of
Port Arthur And McInnis Construction, Inc. Of Silsbee, Texas For
Phase III Repairs To The Department Club Increasing The Contract
By Sixty (60) Days And The Amount By $2,537.48 To A New Total
Of $295,144.18. Funds Available In Account 307-21-049-8512-00-
10-000 Project No. B000111
(3) P.R. No. 22501 — A Resolution Authorizing A Non-Exclusive Contract
Between The City Of Port Arthur And Super 8 Motel Of Port Arthur,
Texas To Provide Services, Supplies, Accommodations, Or
Conference Rooms In The Case Of An Emergency Or Disaster With
The Term Of The Agreement From May 25, 2022 To May 24, 2024
(4) P.R. No. 22502 — A Resolution Authorizing A Non-Exclusive Contract
Between The City Of Port Arthur And Mainstay Suites Of Port Arthur,
Texas To Provide Services, Supplies, Accommodations, Or
Conference Rooms In The Case Of An Emergency Or Disaster With
The Term Of The Agreement From May 25, 2022 To May 24, 2024
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AGENDA
May 10, 2022
VII. CONSENT AGENDA — CONTINUED
(5) P.R. No. 22503 —A Resolution Authorizing The City Manager To Enter
Into An Interlocal Agreement Between The City Of Port Arthur And
Jefferson County Precinct 3 For Grass Cutting Along The North And
South Levee Roads On Pleasure Island For The Not-To-Exceed
Amount Of $28,167.48. Funding Is Available In The Public Works
Streets Maintenance Account, Account No. 001-21-053-5316-00-70-
000
(6) P.R. No. 22508 — A Resolution Authorizing The City Manager To
Renew Annual Microsoft 365 Services Through SHI Government
Solutions For The Total Amount Of $48,845.52. Information
Technology Account No. 001-09-023-5420-00-10-000
(7) P.R. No. 22513 — A Resolution Authorizing The Re-Certification Of
Tender Loving Care Center For Children, (TLCCC) D/B/A Legacy
Community Development Corporation, (Legacy CDC) Of Port Arthur,
Texas, As A Community Housing Development Organization, (CHDO)
And Authorizing The City Manager To Execute A Contract With
Tender Loving Care Center For Children D/B/A Legacy Community
Development Corporation For New Construction Or
Purchase/Rehabilitate/Sale Two (2) Homes In The Downtown
Affordable Housing Target Area Or City-Wide. The Total Amount For
Said Activities Is An Amount Not To Exceed $216,000.00 From The
Federal Home Program, Account Number 108-13-033-5470-00-40-
000, Project Number HE2101
(8) P.R. No. 22514 — A Resolution Authorizing The City Manager To
Execute A Contract Between The City Of Port Arthur And The Port
Arthur American Little League For The Use Of Virginia/Sal Grado Field
At Pioneer Park
(9) P.R. No. 22525 — A Resolution Designating And Establishing The
Showdown In Port Town, Texas Vs Louisiana Amateur Boxing
Showcase Entertainment Area For 2022, Designating Lion Hearted
Boxing Academy As Exclusive Concessionaire And Authorizing The
City Manager To Execute An Agreement Thereof
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AGENDA
May 10, 2022
VII. CONSENT AGENDA — CONTINUED
(10) P.R. No. 22529 —A Resolution Approving The FY 2022-2023 Contract
Amendment Between The City Of Port Arthur And The Department
Of State Health Services, Immunization Branch-Local To Extend The
Contract Period Through August 31, 2023 And Add Funding In The
Amount Of $162,300.00. The Total Amount Of This Contract Will Not
Exceed $875,366.00. No Cash Match Is Required
(11) P.R. No. 22530 — A Resolution Approving The Contract Between The
City Of Port Arthur And The Department Of State Health Services In
The Amount Of $35,769.00 With A 20% Cash City Match Of
$7,154.00 For A Combined Total Not To Exceed $42,923.00. This Is
Contingent On The $7,154.00 Being Budgeted And Approved In The
City's General Fund For FY 2023. The Contract Period Is From
September 1, 2022 Through August 31, 2023
(12) P.R. No. 22531 — A Resolution Approving The Texas Department Of
Family And Protective Service To Add $48,215.32 To The City Of Port
Arthur Nurse Family Partnership Program For FY 2022 Grant For A
Total Not To Exceed Amount Of $728,215.32
(13) P.R. No. 22532 — A Resolution Authorizing The City Manager To
Execute A Change Request For Tyler Technologies To Convert A
Portion Of Conversion Hours To Implementation Hours Without
Impacting The Budget Approved Via Resolution 19-392
(14) P.R. No. 22534 — A Resolution Authorizing The City Manager To
Execute Change Order No. 1 To The Contract Between The City Of
Port Arthur And LD Construction Of Beaumont, Texas, For The 2019-
2020 Street Rehabilitation Program-Various Locations, Decreasing
The Original Contract Amount Of $2,936,040.50 To A New Contract
Amount Of $2,213,300.25, Accepting The Certificate Of Completion,
Contractor's Certificate And Release, Contractor's Certificate Of
Warranty, Contractor's Certificate Of Debts Paid And Adding 150
Calendar Days And Approval Of The Release Of Retainage In The
Amount Of $134,415.01 From The Capital Improvements Street
Maintenance Account No. 307-21-053-8517-00-10-000
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AGENDA
May 10, 2022
VII. CONSENT AGENDA — CONTINUED
(15) P.R. No. 22537 — A Resolution Authorizing The City Manager To
Execute Change Order No. 3 To The Contract Between The City Of
Port Arthur And BDS Constructors, LLC DBA MK Constructors Of
Vidor, Texas For The Remediation And Mitigation Of The Twelve (12)
Harvey Lift Stations, Extending The Duration Of The Project By 120
Days; Account No. 405-40-000-8516-00-00-000, Project No.
WS0005-CON
(16) P.R. No. 22539 — A Resolution Authorizing The City Manager To
Accept The Proposal For The Purchase And Installation Of One (1)
Replacement Blower For The Water Utilities Department,
Wastewater Treatment Division, Through BuyBoard Quote No. 589-
19 From RPM Services, Inc. Of Iowa Colony, Texas With A Total
Projected Budgetary Impact Amount Of $25,167.40. Funds Are
Available In Account Number 410-40-225-5318-00-00-000,
Equipment Maintenance
(17) P.R. No. 22541 — A Resolution Authorizing The City Manager To
Execute A Grazing Lease For Property Located On Portion Of Land
Referred To As "Old Canal R.O.W."
(18) P.R. No. 22549 — A Resolution Authorizing The City Manager To
Accept The Texas Division Of Emergency Management (TDEM)
Grant Terms And Conditions
(19) P.R. No. 22551 — A Resolution Amending Resolution No. 22-137 For
Non-Monetary Support Of The Sabine Pass Port Authority's
Application To The Department Of Transportation Maritime
Administration For The 2022 Port Infrastructure Development
Program Grants (Opportunity #MA-PID-22-001) Increasing The
Grant Amount From $7,100,000.00 Up To $11,000,000.00
AGENDA
May 10, 2022
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 22538 — A Resolution Appointing Members To The Port
Arthur Coalition For Homeless Advisory Board (Requested By
Councilmember Marks)
B. Ordinances — Non-Consent
(1) P.O. No. 7052 — An Ordinance Authorizing A Special Warranty Deed
For Conveyance Of The City Owned Property Located At 1037 6th
Street To Tender Loving Care Center For Children, DBA Legacy
Community Development Corporation, A Qualified Developer
(2) P.O. No. 7055 —An Ordinance Authorizing The Sale Of A City Owned
Vacant Tract Of Land Located At 1008 Rev. Raymond Scott Avenue
And The Execution Of A Special Warranty Deed
(3) P.O. No. 7056 — An Appropriation Ordinance Amending The City Of
Port Arthur Budget For The Fiscal Year Beginning October 1, 2021
And Ending September 30, 2022 By Increasing The Capital Reserve
Fund By $465,000.00 And Increasing The Capital Budget By
$101,836.00
(4) P.O. No. 7057 — An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Granting Specific Use Permit #239 To
Allow The Land Use Of A "Tavern Or Lounge" On 11.820 - Acres Of
Land, Tract 7-A, Port Arthur Land Company Subdivision/Ippolito
Addition (1645 Jefferson Drive), Port Arthur, Jefferson County,
Texas (Violation Of Any Provision Of This Ordinance Shall Be Guilty
Of A Misdemeanor And Shall Be Punished By A Fine Not Exceeding
$2,000.00, As Provided In Chapter 1, Section 1-13 Of The Code Of
Ordinances, And Each Day Which Violation Is Permitted To Exist
Shall Constitute A Separate And Distinct Offense.); And Providing
For Publication In The Official Newspaper Of The City Of Port Arthur
And Effective Immediately After Publication Date. Z22-01 (SUP
#239) — Gulfway Plaza, LLC
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AGENDA
May 10, 2022
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(5) P.O. No. 7059 — An Ordinance Of The City Council Of The City Of
Port Arthur, Texas, Prescribing The Notice To Be Given For A Joint
Public Hearing Of The City Council And The Planning And Zoning
Commission On The Proposed Comprehensive Amendments And
Revision To The City's Comprehensive Zoning Ordinance, Including:
Changes To Zoning Regulations And Zoning District Boundaries;
Changes Affecting The Height, Number Or Stories And Size Of
Buildings And Other Structures; Changes To The Percentage Of A
Lot That May Be Occupied; Changes To The Size Of Yards, Courts
And Other Open Spaces; Changes To Population Density; Changes
To The Location And Use Of Buildings, Other Structures, And Land
For Business, Industrial, Residential Or Other Purposes; Changes To
The Bulk Of Buildings; Changes To The Construction,
Reconstruction, Alteration And Razing Of Buildings And Other
Structures, Including In Designated Places And Areas Of Historical,
Cultural Or Architectural Importance And Significance; And
Amending The City Of Port Arthur's Comprehensive Plan To Conform
To The Zoning Amendments And Revisions Adopted By The
Proposed Ordinance
(6) P.O. No. 7060 — An Ordinance Amending Chapter 78 (Personnel),
Division V (Attendance And Leave), Section 78-184(a) (Holidays) Of
The Code Of Ordinances Of The City Of Port Arthur, Texas, By
Adding Juneteenth As A Paid Holiday (Requested By Councilmember
Moses)
IX. ADJOURNMENT OF MEETING
***************************************************
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 May 11, 2022.
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.
