HomeMy WebLinkAboutFEBRUARY 15, 2022 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYOR ,gy =gra RON BURTON
DONALD FRANK,SR.,MAYOR PRO TEM City of crn CITY MANAGER
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COUNCIL MEMBERS: 401 SHERRI BELLARD,TRMC
INGRID HOLMESi— CITY SECRETARY
CAL J.JONES ort rthttr
THOMAS J.KINLAW 111 VAL TREND
KENNETH MARKS Tc_ ' CITY ATTORNEY
CHARLOTTE MOSES
AG E N DA
City Council
Regular Meeting
February 15, 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, February 15, 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: 837 9045 0844 And Passcode: 032601
(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
February 15, 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) Dennis Wise Of Recyclops Regarding A Recycling Program
(2) Rickie Sadberry Jr. Regarding The Port Arthur Jazz Festival
(3) Clarence Mitchell Regarding Ecotourism And Citizen Engagement
Opportunities
(4) Michael Mason Regarding Police Chief Efforts
B. Presentations
(1) Presentation By Bowen Xu of OCI Beaumont, LLC Regarding
Harvesting Landfill Gases
AGENDA
FEBRUARY 15, 2022
III. PETITIONS & COMMUNICATIONS — CONTINUED
(2) Presentation By Staff Regarding Street Percentage Of Completions
(Requested By Councilmember Kinlaw)
C. Employee Recognition — None
D. Correspondence — None
E. Discussion
(1) A Brief Overview By Mayor Bartie Regarding The US Conference Of
Mayors, Pursuant To 78-269 (b) (9) Of The Code Of Ordinances Of
The City Of Port Arthur(Ordinance No. 18-63)
(2) A Discussion Regarding A Special Election For The Sale Of Land On
Pleasure Island (Requested By Mayor Pro Tern Frank)
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;
(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;
AGENDA
FEBRUARY 15, 2022
V. REPORTS / ITEMS OF COMMUNITY INTEREST
(LIMITED TO A TOTAL OF TWO (2) MINUTES PER
COUNCILMEMBER) — CONTINUED
(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.
A. Travel Request/Expense Reports
(Al) Mayor Thurman Bartie:
US Conference Of Mayors
Washington, DC
January 18 —23, 2022 $4,446.70
B. Minutes — None
AGENDA
FEBRUARY 15, 2022
VII. CONSENT AGENDA — CONTINUED
C. Resolutions
(1) P.R. No. 22334 — A Resolution Authorizing The City Manager To
Execute Change Order No. 1, Decreasing The Original Contract
Amount By $2,339.24 To The New Contract Amount Of $181,155.55
And Acceptance Of The Contractor's Certificate Of Substantial
Completion, Contractor's Certificate And Release, The Contractor's
Warranty Letter, And The Contractor's Certificate Of All Debts Paid
For The 60th Street Rehabilitation Project, Authorizing 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
$9,057.78 From The FEMA Street Projects Account No. 147-07-015-
8517-00-40-000, Project STFEM1-GRE-STR
(2) P.R. No. 22350 — A Resolution Authorizing The City Manager To
Execute An Amendment To The 5th And 6th Streets Roadway
Rehabilitation Contract With Gulf Coast A CRH Company Of
Beaumont, Texas, As It Pertains To The Updating And
Implementation Of The Department Of Housing And Urban
Development (HUD) New Section 3 Regulations Pursuant To Title 24
Part 75 Of The Code Of Federal Regulations (24 CFR Part 75)
(3) P.R. No. 22353 — A Resolution Authorizing The City Manager To
Purchase One (1) Aljon Advantage Series 500 (ASV500) Landfill
Compactor From C&C Manufacturing, LLC Of Ottumwa, Iowa,
Through The HGAC Cooperative Purchasing Program, Contract
Number SM10-20, With A Budgetary Impact Of $768,552.84.
Funding Is Available From Insurance Proceeds And In The Capital
Reserve Account, Account Number 625-50-000-8523-00-00-000
(4) P.R. No. 22357 — A Resolution Ratifying Change Order No. 1 To The
Contract With Straight Line Services Of Buna, Texas (Group E);
Removing 1828 E. Thomas Boulevard, 1724 E. 8th Street, 1708 E.
5th Street, And 2047 8th Street, Decreasing The Contract Amount
By $21,158.40 To A New Total Of $8,952.00; Account No. 001-13-
035-5470-00-10-000 (General Fund-Other Contractual Service)
4
AGENDA
FEBRUARY 15, 2022
VII. CONSENT AGENDA — CONTINUED
(5) P.R. No. 22367 — A Resolution Ratifying Change Order No. 1 To The
Contract With Leeds Environmental (Group D), Removing 1649 E.
Gulfway Drive And 1627 E. 17th Street, Decreasing The Contract
Amount By $10,555.96 To A New Total Of $16,657.89; Account No.
001-13-035-5470-00-10-000 (General Fund-Other Contractual
Service)
(6) P.R. No. 22368 — A Resolution Ratifying Change Order No. 1 To The
Contract With Cross Plus Construction (Group F), Removing 3043-
3045 12th Street, Decreasing The Contract Amount By $5,600.00 To
A New Total Of $23,300.00; Account No. 001-13-035-5470-00-10-
000 (General Fund-Other Contractual Service)
(7) P.R. No. 22369 — A Resolution Authorizing The City Manager To
Execute Three (3) Separate Contracts Between The City Of Port
Arthur And The Hughen Center, Inc., For The Use Of The Girls
Softball Field, Miguez Field And Pee Wee Field Located At County
Park
(8) P.R. No. 22371 — A Resolution Authorizing City Manager To Remit
Payment To The City Of Port Neches For The Annual Recurring Costs
Of The Regional Radio System In The Amount Of $69,374.76;
Funding Available In 001-17-045-5491-00-30-000
(9) P.R. No. 22372 —A Resolution Authorizing The City Manager To Enter
Into A Contract With Diamond Shine Building Service Of Buna, Texas
For Janitorial Services For The Health Department In The Not To
Exceed Amount Of $68,472.00; Funds Budgeted In The Health
Department Other Contractual Account 001-23-061-5470-50-000
(10) P.R. No. 22373 — A Resolution Authorizing The City Manager To
Execute A Contract With Horseshoe Construction, Inc. Of La Porte,
Texas, For The Pipebursting Of The Sanitary Sewer Mains In Sabine
Pass, Texas With A Total Projected Budgetary Amount Of
$315,200.00; Funding Available In Account No. 405-40-000-8516-
00-00-000, Project No. WS-0006-CON
AGENDA
FEBRUARY 15, 2022
VII. CONSENT AGENDA — CONTINUED
(11) P.R. No. 22374 — A Resolution Authorizing The City Manager To
Purchase A 300KW Natural Gas Generac Generator Through
BuyBoard Cooperative Purchasing Program Contract No. 597-19
From Waukesha-Pearce Industries Inc., In The Amount Of
$247,552.00 Including Delivery And Installation. Funding Is Available
In Capital Improvements Account No. 625-17-000-8522-00-00-000
(12) P.R. No. 22375 — A Resolution Authorizing The Purchase Of One (1)
Peterbilt Dump Truck For The Water Utilities Department, Water
Purification Division From Rush Truck Center Of San Antonio, Texas,
Through BuyBoard Contract No. 589-19 In The Amount Of
$150,029.00. Funds Are Available In Account No. 625-40-00-8523-
00-00-000, Capital Equipment
(13) P.R. No. 22378 —A Resolution Authorizing The City Manager To Enter
Into A Contract With Construction Managers Of Southeast Texas, LLC
Of Port Arthur, Texas For Repairs To The Pavilion At Washington
Park Under The Interlocal Purchasing System (TIPS) Cooperative
Under Contract Number 200201 In The Amount Not To Exceed
$54,810.00. Funding Available In Hurricane Laura Fund Account 156-
07-015-5312-00-40-000, Project LAUR25-GRE-BUM
(14) P.R. No. 22391 — A Resolution Authorizing The City Manager To
Execute A Letter Of Intent Concerning A Landfill Gas Recovery
Project Contingent On A Methane Feasibility Analysis For A Potential
Source Of Revenue
(15) P.R. No. 22392 — A Resolution Authorizing The City Manager To
Execute A Landlord's Release And Consent As It Pertains To
Robogistic's Commercial Lease At 3451 57th Street
(16) P.R. No. 22393 — A Resolution Authorizing Proceeding With The
Disannexation Of Land Along Brai Drive At The Request Of The
Landowners
(17) P.R. No. 22398 —A Resolution Authorizing The City Manager To Enter
Into A Memorandum Of Understanding Between The City Of Port
Arthur And The YMCA Of Southeast Texas, For The Management Of
The Westside Development Center
4
6
AGENDA
FEBRUARY 15, 2022
VII. CONSENT AGENDA — CONTINUED
(18) P.R. No. 22400 — A Resolution Authorizing The City Manager To
Execute A Contract With Global Emergency Services, LLC Of
Beaumont, Texas, For Emergency Trash Collection. Funding Is
Available In The Solid Waste Trash Collection Other Contractual
Services Account, Account Number 403-50-305-5470-00-00-000, For
The Not-To-Exceed Amount Of $75,000.00
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 22147 — A Resolution Appointing And/Or Reappointing A
Member Or Members To The Citizen's Pipeline Advisory Committee
(Requested By Mayor Bartie)
(2) P.R. No. 22362 — A Resolution Authorizing The City Manager To
Execute A Contract With Allco, LLC Of Beaumont, Texas, For The
Rehabilitation And Modification Of The Main Wastewater Treatment
Plant With A Total Projected Budgetary Amount Of $67,217,338.00;
$56,237,412.00.00 From Account No. 404-40-000-8516-00-00-000,
Project No. TW-0003-CON And $10,979,926.00 From 169-07-015-
8516-00-40-000 PROJ No. ARP002-GRE-WWT
(3) P.R. No. 22379 — A Resolution Authorizing The Repayment Of Funds
To The U.S. Department Of Housing And Urban Development For
Disallowed Costs Relate To The Community Development Block
Grant Cares Act (CDBG-CV) In The Amount Of $65,641.31 From
Account No. 001-23-061-5470-00-50-000; Pending Approval Of A
Budget Amendment
(4) P.R. No. 22381 — A Resolution Authorizing A One Year Renewal Of
The Contract With Ardurra Group, LLC In An Amount Not To Exceed
$50,000.00 For Disaster Recovery Grant Management And
Administration Services And Providing Additional Contact Funding
Related To TDEM Coronavirus Relief Fund And COVID-19 FEMA
Public Assistance Claim Support Projects; Fund Availability Is Subject
To Reimbursement From FEMA And/Or Other Sources; To Be Paid
From COVID-19 Account #155-07-015-5470-00-40-000, Project
Number COVD01-GRE-OCS
AGENDA
FEBRUARY 15, 2022
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(5) P.R. No. 22382 — A Resolution Authorizing A One Year Renewal Of
The Contract With Ardurra Group, LLC In An Amount Not To Exceed
$40,000.00 For Disaster Recovery Grant Management And
Administration Services And Providing Additional Contract Funding
Related To Hurricane Laura Public Assistance And 406/404 Hazard
Mitigation Projects; Fund Availability Is Subject To Reimbursement
From FEMA And/Or Other Sources; To Be Paid From Hurricane Laura
Account #156-07-015-5470-00-40-000, Project Number LAUR01-
GRE-OCS
(6) P.R. No. 22383 — A Resolution Authorizing A Six Month Renewal Of
The Contract With Ardurra Group, LLC In An Amount Not To Exceed
$3,000.00 For Disaster Recovery Grant Management And
Administration Services And Providing Additional Contract Funding
Related To The 2021 Winter Projects; Fund Availability Is Subject To
Reimbursement From FEMA And/Or Other Sources; To Be Paid From
Winter Storm Account #158-07-015-5470-00-40-000, Project
Number WSTM01-GRE-OCS
(7) P.R. No. 22388 — A Resolution Authorizing The City Manager To
Negotiate With The Five Pre-Qualified Engineering Firms For The
Purpose Of Providing Professional Engineering Services For Roadway
Projects
(8) P.R. No. 22389 — A Resolution Authorizing The City Manager To
Negotiate With The Eight Pre-Qualified Engineering Firms For The
Purpose Of Providing Professional Engineering Services For Drainage
Projects
B. Ordinances — Non-Consent
(1) P.O. No. 7036 — An Ordinance Amending Ordinance No. 20-58 As It
Pertains To The Developer Participation Agreement Between The
City Of Port Arthur And H&P Engineering & Construction, Inc.
8
AGENDA
FEBRUARY 15, 2022
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(2) P.O. No. 7037 — An Appropriation Ordinance Amending The City Of
Port Arthur Budget For The Fiscal Year Beginning October 1, 2021
And Ending September 30, 2022 By $166,000.00 For The General
Fund
(3) P.O. No. 7038 — 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 January 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
(4) P.O. No. 7039 — An Ordinance Extending The Declaration Of
Disaster Pursuant To §418.108(b) Of The Texas Government Code
(5) P.O. No. 7040 — An Ordinance Authorizing The Sale Of City Owned
Vacant Tract Of Land Legally Described As Lot 3, Block 23, Brice
Addition, Being More Commonly Known As 743 Booker T.
Washington Avenue And The Execution Of A Special Warranty Deed
(6) P.O. No. 7041 — An Ordinance Providing For The Conduct Of A
Special Election On May 7, 2022 To Submit A Proposition Regarding
The Sale Of Various Land Located On Pleasure Island In The City Of
Port Arthur And Providing For Publication Of The Election Notice
(Requested By Councilmembers Moses, Jones And Mayor Pro Tern
Frank)
Ordenanza que preve la realizacion de una eleccion especial el 7 de
mayo de 2022 para presentar una propuesta sobre la yenta de
diversos terrenos ubicados en Pleasure Island en la ciudad de Port
Arthur y preve la publicacion del aviso de eleccion (solicitado por los
concejales Moses, Jones y el alcalde interino Frank)
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AGENDA
FEBRUARY 15, 2022
IX. ADJOURNMENT OF MEETING
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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 February 16, 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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i r)
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.