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HomeMy WebLinkAbout(3) 01/18/2022 REGULAR MEETING REGULAR MEETING — January 18, 2022 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Jones 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, January 18, 2022 at 5:31 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Pro Tern Donald Frank, Sr.; Councilmembers Ing-id 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 Thurman Bill Bartle was absent from the Regular Meeting. II. PROCLAMATIONS — None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Rickie Sadberry Regarding The Port Arthur Jazz Festival Not present. (2) G. K. Richard Regarding Job 9:24 Not present. (3) Sandra Benoit Regarding Garbage And Trash Pickup Sandra Benoit, 3281 58th Street, appeared before the City Council to discuss the above- mentioned topic. (4) Glenda Pattison Regarding Garbage And Trash Glenda Pattison, 6389 Garnet Avenue, appeared before the City Council to discuss the above-mentioned topic. B. Presentations (1) A Presentation By MOTIVA Regarding A First Responder Grant To Be Presented To The Port Arthur Police And Fire Department Motiva Representatives gave the above-mentioned presentation. C. Employee Recognition D. Correspondence E. Discussion V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — None VI. UNFINISHED BUSINESS — None VII. CONSENT AGENDA Upon the motion of Councilmember Moses, seconded by Councilmember Jones and carried, the following Consent Agenda items were adopted with the exception of Proposed Items A-1 — A-7 and Proposed Resolutions No. 22315, 22321, 22337 and 22339: Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. B. Minutes — None C. Resolutions (2) P.R. No. 22319 — A Resolution Authorizing The Fire Department To Accept A Grant From Motiva's 2021 First Responder Grant Program In The Amount Of $4,850.00 To Be Deposited In The City Of Port Arthur Account Number 107-00-000-4530-00-00-000 For The Purchase Of A Positive Pressure Ventilation Fan Proposed Resolution No. 22319 was adopted becoming Resolution No. 22-022. (4) P.R. No. 22326 — A Resolution Authorizing The City Manager To Enter Into A Contract With SKR Construction, Inc., Of Port Arthur, Texas, For The Construction Of Decking With A Canopy At The Landfill In The Amount Of $27,250.00. Funding Is Available In Account No. 403-50-320-5470-00- 00-00 (Other Contractual Services) Proposed Resolution No. 22326 was adopted becoming Resolution No. 22-023. (5) P.R. No. 22328 — A Resolution Rescinding Resolution Number 21-487 In Its Entirety, As It Pertains To The Purchase Of One (1) 2022 Ford F-550 Herbicide Truck From Silsbee Ford Of Silsbee, Texas For The Parks And Recreation Department Through The GoodBuy Cooperative Purchase Program, In The Amount Of $61,044.75 Proposed Resolution No. 22328 was adopted becoming Resolution No. 22-024. (6) P.R. No. 22331 — A Resolution Authorizing The City Manager To Repay Funds To The Texas Department Of State Health Services (DSHS) For Disallowed Costs Related To A Fiscal Monitoring Review Of Six Health Grants In An Amount Not To Exceed $14,031.72 Account No. 001-23-061-5470-00- 50-000 Proposed Resolution No. 22331 was adopted becoming Resolution No. 22-025. (7) P.R. No. 22336 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And Orange County Water Control & Improvement District #1 Of Vidor, Texas For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill City Council Minutes Regular Meeting — January 18, 2022 2 Proposed Resolution No. 22336 was adopted becoming Resolution No. 22-026. IV. PUBLIC HEARING(S) A Public Hearing For The Purpose Of Obtaining Public Input Regarding The City Of Port Arthur's Acceptance Of Federal Funds Earmarked From The American Rescue Plan Act. The Total Estimated Award Is $26,630,000.00. The United States Treasure Department Requires That A Public Hearing Be Held For The Receipt Of Federal Funds Pursuant To The American Rescue Plan Act. This Hearing Shall Be Held For The Purpose Of Providing An Opportunity For The Public To Offer Comment On The Acceptance Of The Funds. The City Of Port Arthur Urges Residents And Interested Parties To Review The Allowable Uses For ARPA Funds. The City Seeks To Receive Public Input To Consider Uses For The Funds, Which Includes The Proposed List Of Projects: Recovered Rev Loss-Govt Services $1,000,000.00 Water And Sewer Infrastructure Improvements $18,000,000.00 Landfill Dirt Project $2,000,000.00 Broadband Wi-Fi For Parks $1,000,000.00 Health Department Vaccination Center $2,000,000.00 Westside Drainage Improvement (17th & 19th) $2,000,000.00 Grant Management/Admin Costs $630,000.00 Total ARPA Improvements $26,630,000.00 The Public Will Also Be Able To View The Public Hearing Via The City's Website At: www.portarthurtx.gov Mayor Pro Tern Frank introduced the above-mentioned Public Hearing at 6:00 p.m. Ardurra Federal Programs Technical Director Craig Taffaro appeared before the City Council and gave an overview of the above-mentioned item. Mayor Pro Tem Frank requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. The following citizens appeared before the City Council to address the above-mentioned improvement funds: Clyde Buddy Simmons, 2927 Delta Drive, Port Arthur Hilton Kelley, 910 Colorado Avene, Port Arthur Charles Chick Vincent, 2366 62nd Street and 6150 Garnet Avenue, Port Arthur Sandra Benoit, 3281 58th Street, Port Arthur Yadi Cardinas, 2124 Woodrow Drive, Port Arthur Glenda Pattison, 6389 Garnet Avenue, Port Arthur Upon the motion of Councilmember Jones, seconded by Councilmember Holmes and carried unanimously, the City Council closed the Public Hearing at 6:35 p.m. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent — Item A. Travel Request/Expense Reports City Council Minutes Regular Meeting — January 18, 2022 3 Request For Pre-Approval Of Travel Pursuant To 78-269 (b) (8) Of The Code Of Ordinances Of The City Of Port Arthur (Ordinance No. 18-63) (Al) Mayor Thurman Bartie: Texas Economic Development Council Round Rock, TX February 21 -26, 2022 $2,247.00 (A2) Mayor Pro Tem Donald Frank: Texas Economic Development Council Round Rock, TX February 21 -25, 2022 $1,778.76 (A3) Councilmember Ingrid Holmes: Texas Economic Development Council Round Rock, TX February 21 -25, 2022 $1,778.76 (A4) Councilmember Cal Jones: Texas Economic Development Council Round Rock, TX February 21 -25, 2022 $1,816.00 (A5) Councilmember Thomas Kinlaw: Texas Economic Development Council Round Rock, TX February 21 -25, 2022 $1,778.76 (A6) Councilmember Kenneth Marks: Texas Economic Development Council Round Rock, TX February 21 -25, 2022 $1,778.76 (A7) Councilmember Charlotte Moses: Texas Economic Development Council Round Rock, TX February 21 -25, 2022 $1,778.76 Mayor Pro Tem Frank introduced the above-mentioned Proposed Consent Items. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Moses and carried Consent Items A-1 - A-7 were tabled. Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Consent - Resolutions (1) P.R. No. 22315 - A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services With Dr. Albert T. Thigpen As It Pertains To Serving As A Third-Party Facilitator Pursuant To Section 78-103 (b) Of The Code Of Ordinances; Funding Available In Account Number 001-01-003-5420-00-10-000 City Council Minutes Regular Meeting —January 18, 2022 4 Mayor Pro Tern Frank introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 22315 was tabled. Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Consent - Resolutions (3) P.R. No. 22321 — A Resolution Authorizing The City Manager To Enter Into A Contract With Allco, LLC Of Beaumont, Texas, For The Repair Of A Cave-In At Houston Avenue And Lakeshore Drive. Funding In The Amount Of $189,900.00 Is Available In The ARPA Drainage Maintenance Account, Account No. 169-07-015-5314-00-40-000, Project No. ARP011-GRE-DRM Mayor Pro Tern Frank introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Kinlaw that Proposed Resolution No. 22321 be adopted. Ardurra Federal Programs Technical Director Craig Taffaro and Public Works Director Flozelle Roberts appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22321 was adopted becoming Resolution No. 22-027. The caption of Resolution No. 22-027 reads as follows: RESOLUTION NO. 22-027 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ALLCO, LLC OF BEAUMONT, TEXAS, FOR THE REPAIR OF A CAVE-IN AT HOUSTON AVENUE AND LAKESHORE DRIVE. FUNDING IN THE AMOUNT OF $189,900.00 IS AVAILABLE IN THE ARPA DRAINAGE MAINTENANCE ACCOUNT, ACCOUNT NO. 169-07-015-5314-00-40-000, PROJECT NO. ARP011-GRE-DRM Consent - Resolutions (8) P.R. No. 22337 — A Resolution Authorizing An Amendment To The Existing Contract With BFI Waste Systems Of Texas, LP DBA Republic Services Of Beaumont, Texas For Residential Refuse Collection Services In The Not To Exceed Amount Of $50,000.00; Funding Available In Account No. 169-07-015-5401-00-00-000, Project No. ARP010-GRE-RNT City Council Minutes Regular Meeting — January 18, 2022 5 Mayor Pro Tern Frank introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Jones and seconded by Councilmember Marks that Proposed Resolution No. 22337 be adopted. Ardurra Federal Programs Technical Director Craig Taffaro appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22337 was adopted becoming Resolution No. 22-028. The caption of Resolution No. 22-028 reads as follows: RESOLUTION NO. 22-028 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE EXISTING CONTRACT WITH BFI WASTE SYSTEMS OF TEXAS, LP DBA REPUBLIC SERVICES OF BEAUMONT, TEXAS FOR RESIDENTIAL REFUSE COLLECTION SERVICES IN THE NOT TO EXCEED AMOUNT OF $50,000.00; FUNDING AVAILABLE IN ACCOUNT NO. 169-07-015-5401-00-00-000, PROJECT NO. ARP010-GRE-RNT Consent - Resolutions (9) P.R. No. 22339 — A Resolution Authorizing The City Manager To Enter Into A Contract With Premier Truck Sales & Rental, Inc., Of Cleveland, Ohio For The Rental Of Two Garbage Trucks For One Month With The Option To Extend The Rental, In An Amount Not To Exceed $50,000.00; Funding Is Available In ARPA Account No. 169-07-015- 5401-00-40-000, Project No. ARP010-GRE-RNT Mayor Pro Tem Frank introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Holmes, seconded by Councilmember Moses and carried, Proposed Resolution No. 22339 was adopted becoming Resolution No. 22-029. Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 20-029 reads as follows: RESOLUTION NO. 22-029 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PREMIER TRUCK SALES & RENTAL, INC., OF CLEVELAND, OHIO FOR THE RENTAL OF TWO GARBAGE TRUCKS FOR ONE MONTH WITH THE OPTION TO EXTEND THE RENTAL, IN AN City Council Minutes Regular Meeting —January 18, 2022 6 AMOUNT NOT TO EXCEED $50,000.00; FUNDING IS AVAILABLE IN ARPA ACCOUNT NO. 169-07-015-5401-00-40-000, PROJECT NO. ARP010-GRE-RNT A. Resolutions (1) P.R. No. 22335 — A Resolution Approving An Agreement With Jessica Carpenter For Professional Services & Employment As Chief Executive Officer Of The City Of Port Arthur Section 4A Economic Development Corporation Mayor Pro Tern Frank introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Jones and carried, Proposed Resolution No. 22335 was removed from the agenda. Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. A. Ordinances (1) P.O. No. 7025 — An Ordinance Authorizing An Election Services Contract And Lease Agreement Between The City Of Port Arthur And Jefferson County Pertaining To The Conduct Of The May 7, 2022 General Election; Funding Available In Account No. 001-03-011-5420-00-10-000 (Professional Services) Mayor Pro Tern Frank introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Holmes and carried, Proposed Ordinance No. 7025 was adopted becoming Ordinance No. 22-03. Voting Yes: Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 22-03 reads as follows: ORDINANCE NO. 22-03 AN ORDINANCE AUTHORIZING AN ELECTION SERVICES CONTRACT AND LEASE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND JEFFERSON COUNTY PERTAINING TO THE CONDUCT OF THE MAY 7, 2022 GENERAL ELECTION; FUNDING AVAILABLE IN ACCOUNT NO. 001-03-011-5420-00-10-000 (PROFESSIONAL SERVICES) (2) P.O. No. 7026 — An Ordinance Of The City Council Of Port Arthur, Texas, Authorizing Participation With Other Entergy Service Area Cities In Matters Concerning Entergy Texas, Inc., At The Public Utility Commission Of Texas In 2022; Authorizing The Hiring Of Lawyers And Rate Experts; City Council Minutes Regular Meeting —January 18, 2022 7 Authorizing The City's Participation To The Full Extent Permitted By Law At The Public Utility Commission Of Texas; Finding That The Meeting Complies With The Open Meetings Act; And Declaring An Effective Date Mayor Pro Tern Frank introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Holmes, seconded by Councilmember Marks and carried, Proposed Ordinance No. 7026 was adopted becoming Ordinance No. 22-04. Voting Yes: Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 22-04 reads as follows: ORDINANCE NO. 22-04 AN ORDINANCE OF THE CITY COUNCIL OF PORT ARTHUR, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC., AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2022; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE (3) P.O. No. 7030 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code Mayor Pro Tem Frank introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Jones, seconded by Councilmember Marks and carried, Proposed Ordinance No. 7030 was adopted becoming Ordinance No. 22-05. Voting Yes: Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 22-05 reads as follows: ORDINANCE NO. 22-05 AN ORDINANCE EXTENDING THE DECLARATION OF DISASTER PURSUANT TO §418.108(B) OF THE TEXAS GOVERNMENT CODE City Council Minutes Regular Meeting —January 18, 2022 8 (4) P.O. No. 7031 — An Ordinance Providing For The Conduct Of A General Election On May 7, 2022, For The Purpose Of Electing A Mayor, In The City Of Port Arthur, Texas In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice Mayor Pro Tern Frank introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Marks and carried, Proposed Ordinance No. 7031 was adopted becoming Ordinance No. 22-06. Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 22-06 reads as follows: ORDINANCE NO. 22-06 AN ORDINANCE PROVIDING FOR THE CONDUCT OF A GENERAL ELECTION ON MAY 7, 2022, FOR THE PURPOSE OF ELECTING A MAYOR, IN THE CITY OF PORT ARTHUR, TEXAS IN ACCORDANCE WITH CHAPTER 271 OF THE TEXAS ELECTION CODE, AND PROVIDING FOR THE PUBLICATION OF THE ELECTION NOTICE (5) P.O. No. 7032 — An Ordinance Amending Chapter 78 Of The Code Of Ordinances Of The City Of Port Arthur By Adding Article IV: An Addendum As It Pertains To The Port Arthur Section 4A Economic Development Corporation's Grievance Process For Complaints Of Harassment And Appeals Of Discipline Mayor Pro Tern Frank introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Jones and carried, Proposed Ordinance No. 7032 was tabled. Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Jones, seconded by Councilmember Moses and carried unanimously, the City Council adjourned their meeting at 6:52 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 PRO TEM DONALD FRANK, SR. City Council Minutes Regular Meeting —January 18, 2022 9 ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD January 18, 2022. APPROVED: City Council Minutes Regular Meeting — January 18, 2022 10