HomeMy WebLinkAbout(1) 12/08/2020 REGULAR MEETING REGULAR MEETING — December 8, 2020
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,
December 8, 2020 at 11:06 a.m. in the City Council Chamber, City Hall, with the
following members present: Mayor Thurman "Bill" Bartle; Mayor Pro Tern Charlotte
Moses; Councilmembers, Thomas Kinlaw, III. and Kenneth Marks; Assistant City
Manager Scott Moore; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and
Sergeant At Arms Police Chief Tim Duriso.
Councilmembers Raymond Scott, Jr., Cal Jones and Kaprina Frank were absent from the
Regular Meeting.
II. PROCLAMATIONS
Proclamations
The Mayor issued the following Proclamation:
January 4, 2020 as "Fire Chief Larry Richards Day"
III. PETITIONS & COMMUNICATIONS
A. Speakers — None
B. Presentations
(1) A Presentation By Attorney Karen Kennard Of Greenberg
Traurig, LLP Regarding An Update For The Upcoming Texas
Legislative Session
Attorney Karen Kennard gave the above-mentioned presentation.
(2) A Presentation By Greg Peterson Of Weaver & Tidwell, LLP
Regarding The 2019 Audit
Greg Peterson gave the above-mentioned presentation.
(3) A Presentation By Dan Jackson Of Willdan Financial
Services Regarding Water Utility Rate Structure
Dan Jackson gave the above-mentioned presentation.
(4) A Presentation By Rebecca Briscoe Regarding The Results
Of The 2020 Census
Rebecca Briscoe gave the above-mentioned presentation.
C. Employee Recognition
20 Plus Years of Service, 2017 And 2018 Employee Service
Awards Presentation
Human Resource Director Trameka Alpough appeared before the City Council to issue
the following 2017 - 2018 Service Awards:
Chandra Alpough 20 yrs.
Sherri Bellard 20 yrs.
Catalina Cipriano 20 yrs.
Dave Mai 20 yrs.
Jimmy Nixdorf 20 yrs.
Karen Poullard 20 yrs.
Frank Ramirez 20 yrs.
John Tatroe 20 yrs.
Deborah Verret 20 yrs.
Albert Frazier 25 yrs.
Beverly Freeman 25 yrs.
Robert Havens 25 yrs.
Patrick McCorvy 25 yrs.
Barney Roberie 25 yrs
Paul Edwards 30 yrs.
Jason Miles 30 yrs.
Darlene Thomas-Pierre 30 yrs.
David Barabin 35 yrs.
Doris Farris 35 yrs.
Mike Flores 35 yrs.
Bradford Coleman 40 yrs.
Patrick Murphy 45 yrs.
D. Correspondence — None
E. Discussion — None
IV. PUBLIC HEARING(S) — None
V. UNFINISHED BUSINESS
(1) P.R. No. 21670 — A Resolution Authorizing Appointing Or
Re-Appointing A Member To The Planning And Zoning
Commission
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Marks, seconded by Councilmember Kinlaw and
carried, Proposed Resolution No. 21670 was adopted Resolution No. 20-424.
Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Kinlaw and Marks.
Voting No: None.
The caption of Resolution No. 20-424 reads as follows:
RESOLUTION NO. 20-424
A RESOLUTION AUTHORIZING APPOINTING
OR RE-APPOINTING A MEMBER TO THE
PLANNING AND ZONING COMMISSION
City Council Minutes
Regular Meeting — December 8, 2020 2
VI. CONSENT AGENDA
Upon the motion of Councilmember Marks, seconded by Councilmember Kinlaw and
carried, the following Consent Agenda items were adopted with the exception of
Proposed Resolutions No. 21560 and 21696:
Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Kinlaw and Marks.
Voting No: None.
A. Travel Request — None
B. Expense Reports
(B1) Mayor Thurman Bartie:
Texas Municipal League Virtual Summit
November 14 — 16, 2020 $220.00
(B2) Mayor Thurman Bartie:
National League Of Cities Virtual City Summit
November 16 — 20, 2020 $295.00
C. Minutes — None
D. Resolutions
(2) P.R. No. 21623 — A Resolution Authorizing The City Manager
To Participate In The Grant Program And Accept Funding
From The Texas Parks & Wildlife Department Of Austin,
Texas For The Rebuilding Of The Sabine Pass Boat Ramp At
Broadway Street And S. 1st Avenue In Sabine Pass, Texas.
Funding Is Available Through A Grant From The Harvey
Fisheries Disaster Relief Fund In The Amount Of $1M
Proposed Resolution No. 21623 was adopted becoming Resolution No. 20-425.
(3) P.R. No. 21665 — A Resolution Authorizing The Execution Of
A Homebuyer's Written Agreement For The Down Payment
Assistance And Closing Fees Associated With The Purchase
Of 1201 6th Street (Formerly Known As 618 Savannah Ave.),
Port Arthur, Texas, Through The City's Homebuyer's
Assistance Program
Proposed Resolution No. 21665 was adopted becoming Resolution No. 20-426.
(4) P.R. No. 21677 — A Resolution Authorizing The City Manager
To Approve Change Orders No. 17 To No. 31 With The
Construction Managers Of Southeast Texas Of Port Arthur,
Texas To Construct Port Arthur Transit's New Maintenance
Building And Electric Charging Infrastructure To A New
Contract Amount Not To Exceed $3,774,691.51; Funds
Available In Account 401-1509-561.82-00
Proposed Resolution No. 21677 was adopted becoming Resolution No. 20-427.
(5) P.R. No. 21682 — A Resolution Authorizing The Purchase Of
A 2021 Schwarze Model A7 Tornado Regenerative Air Street
Sweeper From Heil Of Texas Of Houston, Texas, Under
HGAC Contact No. SW04-20, In The Amount Of
City Council Minutes
Regular Meeting — December 8, 2020 3
$232,497.00. Funding Available In The Capital Reserve
Fund — Equipment Replacement — Public Works — Drainage,
Account No. 625-1801-531.93-04
Proposed Resolution No. 21682 was adopted becoming Resolution No. 20-428.
(6) P.R. No. 21683 — A Resolution Authorizing The City Manager
To Execute Settlement Of A Physical Damage Claim In The
Amount Of $9,256.73 Made Against Texas Municipal League
Intergovernmental Risk Pool (TMLIRP) As A Result Of
Property Damage To Police Vehicle #2091
Proposed Resolution No. 21683 was adopted becoming Resolution No. 20-429.
(7) P.R. No. 21687 — A Resolution Authorizing The City Manager
To Execute Change Order Number 4, Decreasing The
Contract Amount By $1,300.00, For A New Contract Amount
Of $62,662.89 And For Approval Of The Final Payment In
The Amount Of $307.78 To The Contract Between The City
Of Port Arthur And Jackbuilt Contractors, LLC Of Orange,
Texas For Interior Repairs At The Recreation Center;
($30,516.54 Available In Account Number 147-2300-
901.95-00 Project Number PR-001 And $32,146.35
Available In Account Number 307-1601-591.95-00 Project
Number PR-001)
Proposed Resolution No. 21687 was adopted becoming Resolution No. 20-430.
(8) P.R. No. 21689 — A Resolution Authorizing The City Manager
To Execute Change Order No. 1 To The Contract Between
The City Of Port Arthur And G&G Enterprises, Corp. Of Port
Arthur, Texas, Decreasing The Original Contract Amount By
$8,788.25 To The New Contract Total Of $2,489,511.75;
And Authorizing The Closeout Of The Contract, And Release
Of Retainage In The Amount Of $124,475.59 For The
Development Services Building Renovation Project, Located
At 300 4th Street (Formerly 246 Dallas Avenue); Funds
Available In Capital Improvement Account No. 307-1601-
591.82-00; Project No. 201606
Proposed Resolution No. 21689 was adopted becoming Resolution No. 20-431.
(9) P.R. No. 21690 — A Resolution Authorizing The City Manager
To Execute Settlement Of A Physical Damage Claim In The
Amount Of $9,150.73 Made Against Texas Municipal League
Intergovernmental Risk Pool (TMLIRP) As A Result Of
Property Damage To Police Vehicle #1952
Proposed Resolution No. 21690 was adopted becoming Resolution No. 20-432.
(10) P.R. No. 21691 — A Resolution Authorizing The City Manager
To Execute A Contract With Precision Pump Systems Of
Spring, Texas, For The Purchase And Installation Of A Pump
And Electric Motor For The El Vista Pump Station In The
Amount Of $137,102.00. Funding Available In The
Emergency Management Fund — FEMA Equipment Account
No. 147-2300-901.92-00, Project Number 082717
Proposed Resolution No. 21691 was adopted becoming Resolution No. 20-433.
City Council Minutes
Regular Meeting — December 8, 2020 4
(11) P.R. No. 21692 — A Resolution Authorizing The Second And
Final Year Renewal Of The Contract Between The City Of
Port Arthur And Latitude, LLC Of Tucson, Arizona For
Provision Of Emergency Food Services In The Event Of An
Emergency Or Disaster
Proposed Resolution No. 21692 was adopted becoming Resolution No. 20-434.
(12) P.R. No. 21693 — A Resolution Authorizing The Second Year
(First Renewal) Of The Non-Exclusive Agreement With DRC
Emergency Services Of Deer Park, Texas, For The Provision
Of Emergency Environmental, Disaster, And Logistical
Response Services In The Event Of An Emergency Or
Disaster
Proposed Resolution No. 21693 was adopted becoming Resolution No. 20-435.
(13) P.R. No. 21694 — A Resolution Authorizing The City Manager
To Enter Into A Contract With Clifford Power Systems Of
Houston, Texas For Preventative Maintenance And Repair Of
Utility Operations' Backup Generators With A Projected
Budgetary Impact Of $30,000.00. Funds Are Available In
Utility Operations Department Account Numbers 410-1252-
532.42-00, 410-1253-532.42-00, 410-1255-532.42-00, And
410-1256-532.42-00 (Equipment Maintenance)
Proposed Resolution No. 21694 was adopted becoming Resolution No. 20-436.
(14) P.R. No. 21695 — A Resolution Awarding The Contract For
The Purchase Of Badger Meters For The Water Utilities
Department With Rural Pipe & Supply Of Jasper, Texas, In
The Projected Budgetary Impact Amount Of $240,000.00.
Funds Are Available In Account No. 410-1253-532.35-00,
Water System Maintenance
Proposed Resolution No. 21695 was adopted becoming Resolution No. 20-437.
(16) P.R. No. 21697 — A Resolution Authorizing The Purchase Of
4,000 Itron Electronic Meter Transmitters For Water
Utilities Department From Republic Meter, Inc. Of Dallas,
Texas, With A Total Projected Budgetary Impact Of
$293,000.00 Funds Are Available In Water Utilities Account
No. 410-1253-532.35-00, Water System Maintenance
Proposed Resolution No. 21697 was adopted becoming Resolution No. 20-438.
(17) P.R. No. 21701 — A Resolution Authorizing The City
Manager To Execute Change Order No. 3 To The Contract
Between The City Of Port Arthur And Excavation &
Construction LLC Of Port Arthur, Texas For The 8th Avenue
Improvement Project From 32nd Street To The Dead End
For The Replacement Of A Sanitary Sewer Line, The
Installation Of A Junction Box, For The Amount Of
$15,415.00 Amending The Original Contract Amount From
$904,485.50 To The New Contract Amount Of $919,935.50
And The Addition Of 19 Calendar Days Amending The
Completion Date To December 12, 2020 And Assessing
Liquidated Damages In The Amount Of $4,725.00 For A 15
City Council Minutes
Regular Meeting — December 8, 2020 5
Calendar Day Contract Time Overrun. The Funding Is
Available In The Capital Improvements Street Account No.
307-1601-591.86-00. Project No. ST1P11
Proposed Resolution No. 21701 was adopted becoming Resolution No. 20-439.
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
Consent - Resolutions
(1) P.R. No. 21560 — A Resolution Authorizing The City Manager
To Execute Change Order No. 4 To The Contract Between
The City Of Port Arthur And Excavation & Construction LLC
Of Port Arthur, Texas For The Sunken Court Roadway
Reconstruction Project From Twin City Highway To North
Park Drive Extending The Contract Time By 73 Calendar
Days Changing The Original Contract Completion Date Of
August 20, 2020 To The New Contract Completion Date Of
November 1, 2020 And Assessing Liquidated Damages For
Contract Time Overage In The Amount Of $12,000.00.
Funding Is Not Impacted In The Capital Improvements
Street Account No. 307-1601-591.86-00. Project No.
ST1P02
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Kinlaw and seconded by Councilmember
Marks that Proposed Resolution No. 21560 be adopted.
Public Works Director Alberto Elefano and City Engineer Hassan Shomalzadeh appeared
before the City Council to answer inquiries regarding the above-mentioned topic.
Voting Yes: Mayor Bartie; Mayor Pro Tem Moses; Councilmembers Kinlaw and Marks.
Voting No: None.
Proposed Resolution No. 21560 was adopted becoming Resolution No. 20-440.
The caption of Resolution No. 20-440 reads as follows:
RESOLUTION NO. 20-440
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE CHANGE ORDER NO. 4
TO THE CONTRACT BETWEEN THE CITY OF
PORT ARTHUR AND EXCAVATION &
CONSTRUCTION LLC OF PORT ARTHUR, TEXAS
FOR THE SUNKEN COURT ROADWAY
RECONSTRUCTION PROJECT FROM TWIN CITY
HIGHWAY TO NORTH PARK DRIVE EXTENDING
THE CONTRACT TIME BY 73 CALENDAR DAYS
CHANGING THE ORIGINAL CONTRACT
COMPLETION DATE OF AUGUST 20, 2020 TO
THE NEW CONTRACT COMPLETION DATE OF
NOVEMBER 1, 2020 AND ASSESSING
LIQUIDATED DAMAGES FOR CONTRACT TIME
OVERAGE IN THE AMOUNT OF $12,000.00.
FUNDING IS NOT IMPACTED IN THE CAPITAL
City Council Minutes
Regular Meeting — December 8, 2020 6
Improvements Street Account No. 307-1601-
591.86-00. Project No. ST1P02
(15) P.R. No. 21696 — A Resolution Amending Resolution No. 20-
097 As It Pertains To The Agreement Between The City Of
Port Arthur And Nicol Scale & Measurement Of Houston,
Texas, Extending The Term For An Additional Two Months
For The Use Of Temporary Scales At The City's Landfill And
Ratifying An Emergency Payment Of $6,462.00 For A Total
Contract Cost Of $34,200. Funding Is Available In The
Capital Reserve Fund Equipment Replacement Solid Waste
Account No. 403-1274-533.51-01
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Marks and seconded by Councilmember
Kinlaw that Proposed Resolution No. 21696 be adopted.
Public Works Director Alberto Elefano appeared before the City Council to answer
inquiries regarding the above-mentioned topic.
Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Kinlaw and Marks.
Voting No: None.
Proposed Resolution No. 20696 was adopted, as amended correcting the total amount
to be $40, 662.00, becoming Resolution No. 20-441.
The caption of Resolution No. 20-441 reads as follows:
RESOLUTION NO. 20-441
A RESOLUTION AMENDING RESOLUTION NO.
20-097 AS IT PERTAINS TO THE AGREEMENT
BETWEEN THE CITY OF PORT ARTHUR AND
NICOL SCALE & MEASUREMENT OF HOUSTON,
TEXAS, EXTENDING THE TERM FOR AN
ADDITIONAL TWO MONTHS FOR THE USE OF
TEMPORARY SCALES AT THE CITY'S LANDFILL
AND RATIFYING AN EMERGENCY PAYMENT OF
$6,462.00 FOR A TOTAL CONTRACT COST OF
$40,662.00. FUNDING IS AVAILABLE IN THE
CAPITAL RESERVE FUND EQUIPMENT
REPLACEMENT SOLID WASTE ACCOUNT NO.
403-1274-533.51-01
A. Resolutions
(1) P.R. No. 21647 — A Resolution Appointing And/Or
Reappointing Regular Board Members To The Construction
Board Of Adjustment And Appeals
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Kinlaw, seconded by Councilmember Marks and
carried, Proposed Resolution No. 21647 was adopted, with the reappointment of Brian
McZeal, becoming Resolution No. 20-442.
Voting Yes: Mayor Bartle; Mayor Pro Tern Moses; Councilmembers Kinlaw and Marks.
City Council Minutes
Regular Meeting — December 8, 2020 7
Voting No: None.
The caption of Resolution No. 20-442 reads as follows:
RESOLUTION NO. 20-442
A RESOLUTION APPOINTING AND/OR
REAPPOINTING REGULAR BOARD MEMBERS
TO THE CONSTRUCTION BOARD OF
ADJUSTMENT AND APPEALS
(2) P.R. No. 21686 — A Resolution Nominating A Member To
The Board Of Directors Of The Orange County Appraisal
District For The Remaining Portion Of The 2020 — 2021
Term, Due To A Vacancy
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Kinlaw, seconded by Councilmember Marks and
carried, Proposed Resolution No. 51686 was adopted becoming Resolution No. 20-443.
Voting Yes: Mayor Bartle; Mayor Pro Tern Moses; Councilmembers Kinlaw and Marks.
Voting No: None.
The caption of Resolution No. 20-443 reads as follows:
RESOLUTION NO. 20-443
A RESOLUTION NOMINATING A MEMBER TO
THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY APPRAISAL DISTRICT FOR THE
REMAINING PORTION OF THE 2020 — 2021
TERM, DUE TO A VACANCY
A. Ordinances
(1) P.O. No. 6916 — An Ordinance Designating Thursday,
December 24, 2020, As A Legal Holiday
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Mayor Pro Tern Moses, seconded by Councilmember Kinlaw and
carried, Proposed Ordinance No. 6916 was adopted becoming Resolution No. 20-98.
Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Kinlaw and Marks.
Voting No: None.
The caption of Ordinance No. 20-98 reads as follows:
ORDINANCE NO. 20-98
AN ORDINANCE DESIGNATING THURSDAY,
DECEMBER 24, 2020, AS A LEGAL HOLIDAY
City Council Minutes
Regular Meeting — December 8, 2020 8
(2) P.O. No. 6917 — An Ordinance Extending The Declaration Of
Disaster Pursuant To §418.108(b) Of The Texas
Government Code
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Marks, seconded by Councilmember Kinlaw and
carried, Proposed Ordinance No. 6917 was adopted becoming Ordinance No. 20-99.
Voting Yes: Mayor Bartle; Mayor Pro Tem Moses; Councilmembers Kinlaw and Marks.
Voting No: None.
The caption of Ordinance No. 20-99 reads as follows:
ORDINANCE NO. 20-99
AN ORDINANCE EXTENDING THE
DECLARATION OF DISASTER PURSUANT TO
§418.108(B) OF THE TEXAS GOVERNMENT
CODE
VIII. *CLOSED MEETING (EXECUTIVE MEETING)
Closed Meeting:
(1) Section 551.071 Government Code — To Discuss Or
Deliberate The Purchase, Exchange, Lease, Or Value Of Real
Property On The Certain of Land Located Within the City
Limits
(2) 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
(3) Section 551.072 Government Code — To Discuss Or
Deliberate The Purchase, Exchange, Lease, Or Value Of Real
Property On The Certain Of Land Located In The Downtown
Area
(4) Section 551.072 Government Code — To Discuss Or
Deliberate The Purchase, Exchange, Lease, Or Value Of Real
Property On The Certain Of Land Located At 3451 57th
Street (Robogistics)
(5) Section 551.072 Government Code — To Discuss Or
Deliberate The Purchase, Exchange, Lease, Or Value Of Real
Property Located In The City's Industrial District/ET]
(6) Section 551.087 Government Code — To Discuss Economic
Development Incentives In The City's Industrial District/ET]
The City Council recessed their meeting at 1:09 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 1:40 p.m. with
the following members present: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers
Kinlaw and Marks; City Manager Burton; City Secretary Bellard; City Attorney Tizeno
and Sergeant At Arms Chief Duriso.
City Council Minutes
Regular Meeting — December 8, 2020 9
IX. ADJOURNMENT OF MEETING
Upon the motion by Mayor Pro Tern Moses, seconded by Councilmember Marks and
carried unanimously, the City Council adjourned their meeting at 1:45 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 December 8, 2020.
APPROVED:
City Council Minutes
Regular Meeting — December 8, 2020 10