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HomeMy WebLinkAbout(2) 06/08/2021 REGULAR MEETING REGULAR MEETING — June 8, 2021 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Marks 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, June 8, 2021 at 5:42 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman "Bill" Bartie; Councilmembers Ingrid Holmes, Cal Jones, Thomas Kinlaw, III, Kenneth Marks, Sr., 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 Pro Tem Donald Frank, Sr. was absent from the Regular Meeting. II. PROCLAMATIONS Proclamations The Mayor issued the following Proclamation(s): June and July 2021 as "Let's Get Anchored This Summer "TAILS and TALES" Reading Challenge Months" VI. CONSENT AGENDA Upon the motion of Councilmember Marks, seconded by Councilmember Holmes and carried, the following Consent Agenda items were adopted: Voting Yes: Mayor Bartie; Councilmembers Holmes, Kinlaw, Marks and Moses. Voting No: None. A. Travel/Expense Request — None B. Minutes May 25, 2021 Regular Meeting May 28, 2021 Special Meeting June 3, 2021 Special Meeting (Executive Session) C. Resolutions (1) P.R. No. 21825 — A Resolution Authorizing The City Manager To Release Retainage In The Amount Of $3,448.44 And Accept The Certificate Of Completion, Contractor's Affidavit Of Payment Of All Bills Paid, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee From Deztez Industrial Services, LLC — DBA As Ramtex Of Port Arthur, Texas For The Installation Of A Stormwater Pipe On Willow Avenue And Authorize The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur. Funds Are Available In The Capital Improvements Account No. 307-21-053-8517-00-10-000. Project ST1P05 Proposed Resolution No. 21825 was adopted becoming Resolution No. 21-232. (2) P.R. No. 21862 — A Resolution Of Notification Of The City Of Port Arthur's Intent To Participate In The Texas Department Of Transportation's (TXDOT) 2021 Transportation Alternatives (TA) Grants Program With The Submission Of The Thomas Boulevard Bike And Walking Path And The Seawall Drive Shared Use Path And Is Requesting A 20% Match In Funds Proposed Resolution No. 21862 was adopted becoming Resolution No. 21-233. (3) P.R. No. 21917 — A Resolution Authorizing The City Manager To Execute Change Orders No. 48 To No. 51 For The Contract Between The City Of Port Arthur And Construction Managers Of Southeast Texas Of Port Arthur, Texas Increasing The Contract Amount By $4,781.97 To A New Contract Amount Of $3,824,635.49, And Authorizing Acceptance Of The Engineer's Certificate Of Substantial Completion, Contractors Certificate Of Warranty, Contractor's Affidavit Of Payments Of Debts And Claims, Final Payment Affidavit, And Contractor's Certificate Of Final Completion For Port Arthur Transit's New Maintenance Building And Authorizing The City Manager To Release The Retainage In The Amount Of $192,487.10; Funds Available In Account 401-70-530-8512-00-60-000 Proposed Resolution No. 21917 was adopted becoming Resolution No. 21-234. (4) P.R. No. 21934 — A Resolution Approving Permit No. 173 For The Drilling, Completion And Operation Of An Oil And Gas Well By Aspect Energy, LLC Proposed Resolution No. 21934 was adopted becoming Resolution No. 21-235. (5) P.R. No. 21958 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $70,108.90 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Damages To City Property And Contents Due To The Winter Storm (February 15, 2021) Proposed Resolution No. 21958 was adopted becoming Resolution No. 21-236. (6) P.R. No. 21975 — A Resolution Authorizing The City Manager To Enter Into A Non-Exclusive Product Sales Agreement With Total Petrochemicals & Refining USA, Inc. To Provide Certain Quantities Of On-Road Diesel At Total's Port Arthur, Texas Refinery In The Case Of An Emergency Or A Disaster With A Term Of The Agreement From June 25, 2021 To June 25, 2023 Proposed Resolution No. 21975 was adopted becoming Resolution No. 21-237. (7) P.R. No. 21978 — A Resolution Authorizing The City Manager To Enter Into A Contract For The Purchase Of Dewatering Equipment From Process Wastewater Technologies, LLC, Of Rosedale, Maryland With The Cost In The Amount Of $1,025,500.00, Charged To The Water Utilities Department Texas Water Development Board Account No. 404-40-000- 8516-00-00-000, Wastewater Systems, Project No. TW0003-CON City Council Minutes Regular Meeting —June 8, 2021 2 Proposed Resolution No. 21978 was adopted becoming Resolution No. 21-238. (8) P.R. No. 21981 — A Resolution Authorizing The City Manager To Accept The Engineer's Certificate Of Substantial Completion, Contractor's Affidavit Of Payments Of All Debts Paid, Contractor's Certificate And Release, Contractor's Certificate Of Warranty For The Nashville Avenue Pavement Improvements Project And Authorizes The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas; And Approval Of Release Of Retainage To Gulf Coast A CRH Company Of Beaumont, Texas In The Amount Of $57,077.90 From The Capital Improvements Account No. 307-21-053-8517-00-10-000. Project ST1P01 Proposed Resolution No. 21981 was adopted becoming Resolution No. 21-239. (9) P.R. No. 21982 — A Resolution Authorizing The City Manager To Accept The Texas Commission On Environmental Quality (TCEQ) Proposed Agreed Order To Participate In A Supplemental Environmental Project (SEP) For Noncompliance At The City Of Port Arthur Landfill Facility Thereby Reducing The Original Administrative Penalty Assessed Of $13,500.00 By $2,700.00 To The New Amount Of $10,800.00. Funds Available In The Regulatory Fees/Fines Account No. 403-50-320-5471-00-00-000 Proposed Resolution No. 21982 was adopted becoming Resolution No. 21-240. (10) P.R. No. 21984 — A Resolution Authorizing The City Manager To Execute A Subaward Agreement With The Texas Parks And Wildlife Department To Accept A Planning Grant In The Amount Of $110,362.00 For The Repaving Of The Boat Ramp And Fishing Pier Located At Pleasure Island Funded Through Sport Fish Restoration (Freshwater) Grant Program; With A Grant Match Requirement Of $36,788.00 For A Total Project Cost Of $147,150.00; Funding Available In Account Number 152-60-415-8525-00-00-000 Project String PI0001-ENG Proposed Resolution No. 21984 was adopted becoming Resolution No. 21-241. (11) P.R. No. 21986 — A Resolution Authorizing The City Manager To Repair D6N (Unit 1896) Dozer For The Landfill By Mustang CAT Of Beaumont, Texas In The Projected Amount Of $75,500.00. Funding Is Available In Landfill / Equipment Maintenance, Account Number 403-50-320- 5318-00-00-000- Proposed Resolution No. 21986 was adopted becoming Resolution No. 21-242. VII. ITEMS REQUIRING INDIVIDUAL ACTION (NON-CONSENT) (5) P.O. No. 6968 — 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. City Council Minutes Regular Meeting —June 8, 2021 3 Upon the motion of Councilmember Kinlaw, seconded by Councilmember Moses and carried Proposed Ordinance No. 6968 was adopted becoming Ordinance No. 21-39. Voting Yes: Mayor Bartie; Councilmembers Holmes, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 21-39 reads as follows: ORDINANCE NO. 21-39 AN ORDINANCE EXTENDING THE DECLARATION OF DISASTER PURSUANT TO §418.108(B) OF THE TEXAS GOVERNMENT CODE (4) P.O. No. 6967 — An Ordinance Authorizing The Sale Of Surplus Furniture/Minor Equipment, Vehicles, Equipment, Or Heavy Equipment By A Public Online Auction Through Rene Bates Auctioneers, Inc. The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Holmes, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 6967 was adopted becoming Ordinance No. 21-40. Voting Yes: Mayor Bartle; Councilmembers Holmes, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 21-40 reads as follows: ORDINANCE NO. 21-40 AN ORDINANCE AUTHORIZING THE SALE OF SURPLUS FURNITURE/MINOR EQUIPMENT, VEHICLES, EQUIPMENT, OR HEAVY EQUIPMENT BY A PUBLIC ONLINE AUCTION THROUGH RENE BATES AUCTIONEERS, INC. IV. PUBLIC HEARING(S) (1) To Receive Public Comment Regarding Z21-03 — Specific Use Permit For Approximately 0.17722-Acre Of Land, All Of Lot 6, Block 10, Range 5 (5424 Tremont Street), Sabine Pass, Jefferson County, Texas The Mayor introduced the above-mentioned Public Hearing at 6:00 p.m. Assistant City Manager/Operations Pamela Langford appeared before the City Council and gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. No one appeared before the City Council to address the above-mentioned item. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Marks and carried unanimously, the City Council closed the Public Hearing at 6:08 p.m. City Council Minutes Regular Meeting —June 8, 2021 4 (2) To Receive Public Comment Regarding A Zoning Change From Two Family "2F" To Light Commercial "LC" For The Purpose Of Constructing A Retail Strip Center With Fueling Station Approximately 2.754-Acre Of Land Consisting Of Lots 9-17, Block 511, Model Addition No. 2 And A Portion Of An Abandonment Railroad Right-Of-Way (Northwest Corner Of Procter Street And Woodworth Boulevard), Port Arthur, Jefferson County, Texas The Mayor introduced the above-mentioned Public Hearing at 6:09 p.m. Assistant City Manager/Operations Pamela Langford appeared before the City Council and gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. No one appeared before the City Council to address the above-mentioned item. Upon the motion of Councilmember Marks, seconded by Councilmember Moses and carried unanimously, the City Council closed the Public Hearing at 6:13 p.m. (3) To Receive Public Comment Regarding A Zoning Change From Industrial "I" To Planned Development District — 40 "PD-40" Approximately 58.83 Acre Of Land (Called 58.82), Out Of And Part Of Lots 1,2,3 & 8, Block 14, Range "L", And Part Of Lots 4 & 5 Block 14, Range "K" Land Company Subdivision, Port Arthur, Jefferson County, Texas The Mayor introduced the above-mentioned Public Hearing at 6:14 p.m. Assistant City Manager/Operations Pamela Langford appeared before the City Council and gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. No one appeared before the City Council to address the above-mentioned item. Upon the motion of Councilmember Marks, seconded by Councilmember Holmes and carried unanimously, the City Council closed the Public Hearing at 6:30 p.m. III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) A Presentation By The Port Arthur Economic Development Corporation (PAEDC), Regarding The Summer Youth Employment Program (SYEP), Participants And Scholarship Recipients (Lamar State College Port Arthur) City Council Minutes Regular Meeting —June 8, 2021 5 EDC Representative Krystle Muller gave the above-mentioned presentation. Attorney Melody Carrier, Port Arthur Health Department Representative Latasha Mayon and Port Arthur Independent School District Representative Kathlyn Fontenot appeared before the City Council to speak about the Summer Youth Employment Program. (2) A Project Update By The Ardurra Group, Incorporation Adurra Group CEO Craig Taffaro gave the above-mentioned presentation. C. Employee Recognition - None D. Correspondence — None E. Discussion — None V. UNFINISHED BUSINESS — None VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 21942 — A Resolution Authorizing The Port Arthur Economic Development Corporation To Execute Job Order Amendment No. 1 To The Master Job Order Contract With SETEX Construction Corp. For The Completion And Complete Build Out Of The Building Located At 549 4th Street, Port Arthur, Texas (The Press Building) At A Guaranteed Maximum Price Of $524,860.00 Funding Available In Account 307-80-625-8512-00-10-00. Project No. ED0549 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Marks and carried Proposed Resolution No. 21942 was adopted becoming Resolution No. 21-243. Voting Yes: Mayor Bartie; Councilmembers Holmes, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 21-243 reads as follows: RESOLUTION NO. 21-243 A RESOLUTION AUTHORIZING THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION TO EXECUTE JOB ORDER AMENDMENT NO. 1 TO THE MASTER JOB ORDER CONTRACT WITH SETEX CONSTRUCTION CORP. FOR THE COMPLETION AND COMPLETE BUILD OUT OF THE BUILDING LOCATED AT 549 4TH STREET, PORT ARTHUR, TEXAS (THE PRESS BUILDING) AT A GUARANTEED MAXIMUM PRICE OF $524,860.00 FUNDING AVAILABLE IN ACCOUNT 307-80-625-8512-00-10-00. PROJECT NO. ED0549 City Council Minutes Regular Meeting —June 8, 2021 6 A. Ordinances (1) P.O. No. 6960 — An Appropriation Ordinance Amending The City Of Port Arthur Section 4A Economic Development Corporation Budget For The Fiscal Year Beginning October 1, 2020 And Ending September 30, 2021 By $1,150,000.00 For The General Fund The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Moses, seconded by Councilmember Holmes and carried, Proposed Ordinance No. 6960 was adopted becoming Ordinance No. 21-41. Voting Yes: Mayor Bartle; Councilmembers Holmes, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 21-41 reads as follows: ORDINANCE NO. 21-41 AN APPROPRIATION ORDINANCE AMENDING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021 BY $1,150,000.00 FOR THE GENERAL FUND (2) P.O. No. 6962 — An Ordinance Approving The Bylaws Of The Pleasure Island Commission Acting As An Advisory Board To The City Manager The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Marks and carried, Proposed Ordinance No. 6962 was adopted becoming Ordinance No. 21-42. Voting Yes: Mayor Bartle; Councilmembers Holmes, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 21-42 reads as follows: ORDINANCE NO. 21-42 AN ORDINANCE APPROVING THE BYLAWS OF THE PLEASURE ISLAND COMMISSION ACTING AS AN ADVISORY BOARD TO THE CITY MANAGER (3) P.O. NO. 6965 — AN APPROPRIATION ORDINANCE AMENDING THE CITY OF PORT ARTHUR BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021 BY $2,173,100.00 FOR THE CAPITAL BUDGET The Mayor introduced the above-mentioned Proposed Ordinance. City Council Minutes Regular Meeting —June 8, 2021 7 Upon the motion of Councilmember Marks, seconded by Councilmember Moses and carried, Proposed Ordinance No. 6965 was adopted becoming Ordinance No. 21-43. Voting Yes: Mayor Bartie; Councilmembers Holmes, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 21-43 reads as follows: ORDINANCE NO. 21-43 AN APPROPRIATION ORDINANCE AMENDING THE CITY OF PORT ARTHUR BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021 BY $2,173,100.00 FOR THE CAPITAL BUDGET VIII. ADJOURNMENT OF MEETING Upon the motion by Councilmember Holmes, seconded by Councilmember Marks and carried unanimously, the City Council adjourned their meeting at 7:33 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 June 8, 2021. APPROVED: City Council Minutes Regular Meeting —June 8, 2021 8