HomeMy WebLinkAbout(2) 09/13/2022 REGULAR MEETING REGULAR MEETING — September 13, 2022
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Kinlaw 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 13, 2022 at 9:47 a.m. in the City Council Chamber, City Hall, with the
following members present: Mayor Pro Tern Ingrid Holmes; Councilmembers 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.
Mayor Thurman Bill Bartie was absent from the Regular Meeting. Mayor Pro Tem Ingrid
Holmes chaired the meeting.
Councilmember Donald Frank Sr. was absent from the Regular Meeting. and Donald
Frank Sr.
II. PROCLAMATIONS — None
III. PETITIONS & COMMUNICATIONS
A. Speakers — None
B. Presentations
(1) A Presentation By Charles Wheeler, Port Arthur Project
Manager Of The U.S. Army Corps Of Engineers Regarding A
Port Arthur Public Open House
U.S. Army Corps of Engineers Port Arthur Project Manager Charles Wheeler gave the
above-mentioned presentation.
(2) A Presentation By Dr. Albert Thigpen, Dr. Delena King And
Cheryl Gibbs Regarding The 2030 Census
Dr. Albert Thigpen, Dr. Delina King and PI0 Cheryle Gibbs gave the above-mentioned
presentation.
(3) A Presentation By Staff Regarding The July Financial
Report
Finance Director Kandy Daniel gave the above-mentioned presentation.
C. Employee Recognition — None
D. Correspondence — None
E. Discussion — None
IV. PUBLIC HEARING(S) - 9:00 AM — None
V. REPORTS / ITEMS OF COMMUNITY INTEREST
(LIMITED TO A TOTAL OF TWO (2) MINUTES PER
COUNCILMEMBER)
Gave accolades to the Public Works Director Flozelle Roberts and staff for them
addressing street issues in El Vista.
VI. UNFINISHED BUSINESS — None
VII. CONSENT AGENDA
Upon the motion of Councilmember Moses, seconded by Councilmember Kinlaw and
carried, the following Consent Agenda items were adopted with the exception of Item
(A1) and Proposed Resolution No. 22746:
Voting Yes: Mayor Pro Tem Holmes; Councilmembers Jones, Kinlaw, Marks and
Moses.
Voting No: None.
B. Minutes
August 17, 2022 Special Meeting
August 29, 2022 Special Meeting
August 30, 2022 Special Meeting (Executive Session)
August 30, 2022 Regular Meeting
C. Resolutions
(1) P.R. No. 22509 — A Resolution Approving Settlement Of
Wind Damage Claims In The Amount Of $104,942.08 Made
Against Certain Underwriters At Lloyd's Of London
Insurance Company (Through Agent USI Southwest Inc., El
Paso) Due To Hurricane Delta (October 9, 2020) To Various
City Properties
Proposed Resolution No. 22509 was adopted becoming Resolution No. 22-400.
(2) P.R. No. 22552 — A Resolution Authorizing The City Manager
To Execute Settlement Of An Automobile Physical Damage
Claim In The Amount Of $98,917.51 Made Against Texas
Municipal League Intergovernmental Risk Pool (TMLIRP) As
A Result Of Property Damage To Solid Waste Trash Truck
#2207
Proposed Resolution No. 22552 was adopted becoming Resolution No. 22-401.
(3) P.R. No. 22577 — A Resolution Authorizing The City Manager
To Execute A One (1) Year Contract Between The City Of
Port Arthur And JQUAD Planning Group LLC Of Plano, Texas,
For Consulting Services For The City's Home-ARP Grant In
An Amount Not To Exceed $50,000.00 Funds Available In
Account #108-13-033-5420-00-40-000; Project #HMEARP-
GRE-PRO
Proposed Resolution No. 22577 was adopted becoming Resolution No. 22-402.
(4) P.R. No. 22585 — A Resolution Authorizing The City Manager
To Execute Settlement Of A Property Damage Claim In The
Amount Of $8,690.09 Made Against Texas Municipal League
i Intergovernmental Risk Pool (TMLIRP) As A Result Of
Property Damage To A 2017 Pierce Fire Engine, Unit #2184
Proposed Resolution No. 22585 was adopted becoming Resolution No. 22-403.
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Regular Meeting — September 13, 2022 2
(5) P.R. No. 22648 — A Resolution Authorizing The City Manager To
Enter Into A Special Road Use And Indemnity Agreement And
Permit With Aspect Energy, LLC
Proposed Resolution No. 22648 was adopted becoming Resolution No. 22-404.
(6) P.R. No. 22664 — A Resolution Authorizing The Acceptance Of A
Donation From Cheniere Energy, Inc. In The Amount $50,000.00
For Improvements To The Downtown Pavilion
Proposed Resolution No. 22644 was adopted becoming Resolution No. 22-405.
(7) P.R. No. 22701 — A Resolution Ratifying Change Order No. 1 To
The Contract With Lark Group Inc., Of Warren, Texas (Emergency
Asbestos Abatement/Demolition Of 3100 Gulfway Drive); To
Remove A Second Slab, Increasing The Contract Amount By
$5,000.00 To A New Total Of $112,800.00; Account No. 001-13-
035-5470-00-10-000 (General Fund-Other Contractual Service)
Proposed Resolution No. 22701 was adopted becoming Resolution No. 22-406.
(8) P.R. No. 22726 — A Resolution Authorizing The City Manager To
Apply For Fiscal Year 2023 Bullet-Resistant Shield Grant With No
Grant Match Requirement
Proposed Resolution No. 22726 was adopted becoming Resolution No. 22-407
(10) P.R. No. 22749 — A Resolution Accepting A Water Utility
Easement From Community Development Properties, Port Arthur,
Inc. C/O National Development Council (NDC) Housing &
Economic Development For The Construction, Installation,
Laying, And Maintenance Of Water Utility
Proposed Resolution No. 22749 was adopted becoming Resolution No. 22-408.
(11) P.R. No. 22750 — 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
2022-2023 Fiscal Year In The Amount Of $790,000.00, Hotel
Occupancy Tax Account No. 140-15-600-5470-00-20-000,
HO7912.OTH.00S
Proposed Resolution No. 22750 was adopted becoming Resolution No. 22-409.
(12) P.R. No. 22751 — 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 2022-2023 Fiscal Year In
The Amount Of $30,000.00, Hotel Occupancy Tax Account No.
140-15-600-5470-00-20-000, HO7901.OTH.00S
Proposed Resolution No. 22751 was adopted becoming Resolution No. 22-410.
(13) P.R. No. 22753 — A Resolution Updating And Affirming The
Investment Policies Of The City Of Port Arthur For The 2022-2023
Fiscal Year
Proposed Resolution No. 22753 was adopted becoming Resolution No. 22-411.
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Regular Meeting — September 13, 2022 3
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
Consent - Item
(A1) City Attorney Valecia Tizeno:
2022 TML Municipal Policy Summit
Austin, TX
August 21 — 23, 2022 $960.92
The Mayor Pro Tern introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Moses and seconded by Councilmember
Kinlaw that Proposed Item Number (A1) be adopted.
City Attorney Tizeno gave an overview of the above-mentioned summit.
Voting Yes: Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks and
Moses.
Voting No: None.
Consent Item (Al) was adopted.
Consent - Resolutions
(9) P.R. No. 22746 — A Resolution Authorizing The City Manager
To Purchase Garbage Cans And Lids From Otto
Environmental Systems North America, Inc. Of Charlotte,
North Carolina, Under H-GAC Contract No. RC01-21, In The
Amount Of $42,668.94. Funding Is Available In The FY23
Public Works Solid Waste Residential Garbage Division —
Minor Equipment, Account Number 403-50-310-5240-00-
00-000
The Mayor Pro Tern introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Moses and seconded by Councilmember
Kinlaw that Proposed Resolution No. 22746 be adopted.
Public Works Director Flozelle Roberts appeared before the City Council to answer
inquiries regarding the above-mentioned topic.
Councilmember Jones made a motion to table Proposed Resolution 22746.
The motion failed for lack of a second.
Voting Yes: Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks and
Moses.
Voting No: None.
Proposed Resolution No. 22746 was adopted becoming Resolution No. 22-412.
The caption of Resolution No. 22-412 reads as follows:
RESOLUTION NO. 22-412
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO PURCHASE GARBAGE CANS AND
LIDS FROM OTTO ENVIRONMENTAL SYSTEMS
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Regular Meeting — September 13, 2022 4
NORTH AMERICA, INC. OF CHARLOTTE, NORTH
CAROLINA, UNDER H-GAC CONTRACT NO.
RC01-21, IN THE AMOUNT OF $42,668.94.
FUNDING IS AVAILABLE IN THE FY23 PUBLIC
WORKS SOLID WASTE RESIDENTIAL GARBAGE
DIVISION — MINOR EQUIPMENT, ACCOUNT
NUMBER 403-50-310-5240-00-00-000
A. Resolutions
(1) P.R. No. 22428 — A Resolution Authorizing The City Manager
To Execute A Contract With N&T Construction Co., Inc., Of
Beaumont, Texas For The Renovation Of The City Of Port
Arthur's Health Department Facility Located At 5860 9th
Avenue, Port Arthur, Texas, In An Amount Not To Exceed
$9,385,000.00; Funding Available In Capital
Projects/Buildings Account No. 307-21-049-8512-00-10-
000; Project No. B0006-CON In The Amount Of
$2,385,000.00 And ARPA Account No. 169-07-015-8512-00-
40-000, Project Nos. ARP005 GRE-BUI AND ARP014 GRE-
BUI In The Amount Of $7,000,000.00
The Mayor Pro Tern introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Moses and seconded by Councilmember
Kinlaw that Proposed Resolution No. 22428 be adopted.
Assistant City Manager Pamela Langford and Utilities and Operations Director Calvin
Matthews appeared before the City Council to answer inquiries regarding the above-
mentioned topic.
Voting Yes: Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks and
Moses.
Voting No: None.
Proposed Resolution No. 22428 was adopted becoming Resolution No. 22-413.
The caption of Resolution No. 22-413 reads as follows:
RESOLUTION NO. 22-413
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH
N&T CONSTRUCTION CO., INC., OF BEAUMONT,
TEXAS FOR THE RENOVATION OF THE CITY OF
PORT ARTHUR'S HEALTH DEPARTMENT
FACILITY LOCATED AT 5860 9TH AVENUE,
PORT ARTHUR, TEXAS, IN AN AMOUNT NOT TO
EXCEED $9,385,000.00; FUNDING AVAILABLE
IN CAPITAL PROJECTS/BUILDINGS ACCOUNT
NO. 307-21-049-8512-00-10-000; PROJECT
NO. B0006-CON IN THE AMOUNT OF
$2,385,000.00 AND ARPA ACCOUNT NO. 169-
07-015-8512-00-40-000, PROJECT NOS.
ARP005 GRE-BUI AND ARP014 GRE-BUI IN
THE AMOUNT OF $7,000,000.00
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Regular Meeting — September 13, 2022 5
(2) P.R. No. 22607 — A Resolution Authorizing The City Manager
To Execute A Professional Services Agreement With Golden
Triangle Consulting Engineers To Provide Professional
Engineering And Consulting Services In An Amount Not To
Exceed $14,000.00 Per Month, For A Two-Year Period.
Funding Available In Water Utilities Account No. 410-40-
200-5420-00-00-000
The Mayor Pro Tern introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Moses, seconded by Councilmember Kinlaw and
carried Proposed Resolution No. 22607 was removed from the agenda.
Voting Yes: Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks and
Moses.
Voting No: None.
(3) P.R. No. 22711 — A Resolution Authorizing The City Manager
To Enter Into Three (3) Community Development Block
Grant (CDBG) Interoffice Agreements For Housing
Assistance Programs And Administration, Grants
Management, And The Parks And Recreation Department.
The Resolution Will Also Authorize The City Manager To
Approve Sub-Recipient Agreements With Seven (7) Non-
Profit Organizations For Public Service Activities That
Benefit Low And Moderate-Income Residents. The Ten
Agreements Funding Source Is The 2022 CDBG Program
Year
Mayor Pro Tem Holmes filed a Conflict-of-Interest Affidavit with the City Secretary and
did not participate in the discussion or action regarding Proposed 22711.
Councilmember Moses chaired the meeting.
Councilmember Moses introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Jones and seconded by Councilmember Marks
that Proposed Resolution No. 22711 be adopted.
Voting Yes: Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks and
Moses.
Voting No: None.
Proposed Resolution No. 22711 was adopted becoming Resolution No. 22-414.
The caption of Resolution No. 22-414 reads as follows:
RESOLUTION NO. 22-414
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO THREE (3)
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) INTEROFFICE AGREEMENTS FOR
HOUSING ASSISTANCE PROGRAMS AND
ADMINISTRATION, GRANTS MANAGEMENT,
AND THE PARKS AND RECREATION
DEPARTMENT. THE RESOLUTION WILL ALSO
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Regular Meeting — September 13, 2022 6
AUTHORIZE THE CITY MANAGER TO APPROVE
SUB-RECIPIENT AGREEMENTS WITH SEVEN (7)
NON-PROFIT ORGANIZATIONS FOR PUBLIC
SERVICE ACTIVITIES THAT BENEFIT LOW AND
MODERATE-INCOME RESIDENTS. THE TEN
AGREEMENTS FUNDING SOURCE IS THE 2022
CDBG PROGRAM YEAR
Mayor Pro Tern Holmes returned to chair the meeting.
A. Ordinances
(1) P.O. No. 7096 — An Ordinance Extending The Declaration Of
Disaster Pursuant To §418.108(b) Of The Texas
Government Code
The Mayor Pro Tern introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Moses and seconded by Councilmember
Kinlaw that Proposed Ordinance No. 7096 be adopted.
The motion was made by Councilmember Moss and seconded by Councilmember Marks
to amend Proposed Ordinance No. 7096 to extend the time for 90 days vs. 30 days.
Voting Yes: Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks and
Moses.
Voting No: None.
The motion to amend Proposed Ordinance No. 7096 was adopted.
Proposed Ordinance No. 7096 was adopted, as amended, becoming Ordinance No. 22-
66.
The caption of Ordinance No. 22-66 reads as follows:
ORDINANCE NO. 22-66
AN ORDINANCE EXTENDING THE DECLARATION OF
DISASTER PURSUANT TO §418.108(B) OF THE TEXAS
GOVERNMENT CODE
(2) P.O. No. 7098 — An Ordinance By The City Council Of The
City Of Port Arthur, Texas, (Or "City") Declining To Approve
The Change In Rates Requested In Entergy Texas, Inc.'s
("ETI" Or "Company") Statement Of Intent Filed With The
City On August 31, 2022, And Finding And Determining That
The Meeting At Which This Ordinance Was Considered Was
Open To The Public And In Accordance With Texas Law
The Mayor Pro Tem introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Jones, seconded by Councilmember Marks and
carried, Proposed Ordinance No. 7098 was adopted becoming Ordinance No. 22-67.
Voting Yes: Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks and
Moses.
Voting No: None.
City Council Minutes
Regular Meeting — September 13, 2022 7
The caption of Ordinance No. 22-67 reads as follows:
ORDINANCE NO. 22-67
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS, (OR "CITY")
DECLINING TO APPROVE THE CHANGE IN
RATES REQUESTED IN ENTERGY TEXAS, INC.'S
("ETI" OR "COMPANY") STATEMENT OF INTENT
FILED WITH THE CITY ON AUGUST 31, 2022,
AND FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS
CONSIDERED WAS OPEN TO THE PUBLIC AND
IN ACCORDANCE WITH TEXAS LAW
IX. *CLOSED MEETING (EXECUTIVE MEETING)
Closed Meeting:
(1) Section 551.071 Government Code — To Discuss And
Receive Legal Advice From The City Attorney Regarding
Potential And/Or Pending Claims, Contracts, Litigations 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 Within The City Limits Of Port Arthur
(3) Section 551.072 Government Code — To Discuss Or
Deliberate The Purchase, Exchange, Lease, Or Value Of
Real Property Within The City's Industrial
District/Extraterritorial Jurisdiction (ETJ)
(4) Section 551.074 Government Code — To Discuss The Duties,
Responsibilities And Evaluations Of The City Attorney, City
Manager, Municipal Court Judge And City Secretary
(Requested By Mayor Pro Tem Holmes)
(5) Section 551.087 Government Code — To Discuss Economic
Incentives For Commercial, Residential, And/Or Industrial
Business Prospects
The City Council recessed their meeting at 11:20 a.m. to meet in Executive Session to
consider the above-mentioned topics and reconvened their meeting at 12:23 p.m. with
the following members present: Mayor Pro Tern Homes; Councilmembers Jones,
Kinlaw, Marks and Moses; City Manager Burton; City Secretary Bellard; City Attorney
Tizeno and Sergeant At Arms Chief Duriso.
X. ADJOURNMENT OF MEETING
Upon the motion by Councilmember Jones, seconded by Councilmember Moses and
carried unanimously, the City Council adjourned their meeting at 12:23 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.
City Council Minutes
Regular Meeting — September 13, 2022 8
MAYOR PRO TEM INGRID HOLMES
ATTEST:
CITY SECRETARY SHERRI BELLARD
END OF REGULAR MEETING HELD September 13, 2022.
APPROVED:
City Council Minutes
Regular Meeting — September 13, 2022 9