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HomeMy WebLinkAboutMARCH 1, 2022 REGULAR MEETING AGENDA 9:30 AM THURMAN BILL BARTIE,MAYOR Energy RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of terry' CITY MANAGER COUNCIL MEMBERS: 4#1 SHERRI BELLARD,TRMC INGRID HOLMES — CITY SECRETARY CAL J.JONES orl rthttr THOMAS J. KINLAW III VAL TIZENO KENNETH MARKS T(.r' ' CITY ATTORNEY CHARLOTTE MOSES AG E N DA City Council Regular Meeting March 1, 2022 9:30 A. M. The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 9:30 A.M. CST On Tuesday, March 1, 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: 861-5062-5980 And Passcode: 606342 (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 Meeting City Hall Council Chamber City Of Port Arthur March 1, 2022 9:30 AM 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) Teresa Cabrera Regarding Maintenance Of Ditches (2) Deborah Freeman Regarding Lighting And Cameras At Apartment Complexes (3) Monique Batson Of The Rotary Club Of Port Arthur Regarding Taste Of Summer Event B. Presentations — None C. Employee Recognition — None D. Correspondence — None AGENDA MARCH 1, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion — None (1) A Brief Overview By Mayor Bartie Regarding Economic Development Council Training, Pursuant To 78-269 (b) (9) Of The Code Of Ordinances Of The City Of Port Arthur(Ordinance No. 18- 63) IV. PUBLIC HEARINGS — 10:00 A.M. A Public Hearing For The Purpose Of Obtaining Public Input To Consider Whether Or Not To Issue A Permit To G.T. Logistics, LLC For The Installation Of A Twenty Inch (20") Gasoline Pipeline And A Four Inch (4") Fiber Optics Conduit Within The Corporate Limits Of Port Arthur, Jefferson County, Texas. This Pipeline Will Originate At A Facility West Of S.H. 87 North Of Texaco Island; Connecting The Two Facilities. A Map Of The Proposed Route And Other Information Concerning The Pipeline Will Be Presented At The Public Hearing And Can Be Examined In The Engineering Department, City Hall, Port Arthur Prior To The Hearing. The Public Will Also Be Able To View The Public Hearing Via The City's Website At www.portarthurbc.gov 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; AGENDA MARCH 1, 2022 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (4) A Reminder About An Upcoming Event Organized Or Sponsored By The Governing Body; (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 (1) 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 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. AGENDA MARCH 1, 2022 VII. CONSENT AGENDA — CONTINUED A. Travel Request/Expense Reports 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: African American Mayor's Conference Washington, DC April 27 — 29, 2022 $2,388.37 (A2) Mayor Thurman Bartle: National League of Cities Conference Additional Session — Leading Through Disruption & Retail As A Catalyst For Economic Development March 13, 2022 $370.00 (A3) Mayor Pro Tern Donald Frank, Sr. National League of Cities Conference Additional Session — Leading Through Disruption March 13, 2022 $185.00 B. Minutes February 01, 2022 Regular Meeting February 15, 2022 Special Executive Meeting February 15, 2022 Regular Meeting C. Resolutions (1) P.R. No. 22347 — A Resolution Authorizing The City Manager To Accept The FY20 Coronavirus Emergency Supplemental Funding In The Amount Of $82,711.00; No Cash Match Requirement 4 AGENDA MARCH 1, 2022 VII. CONSENT AGENDA — CONTINUED (2) P.R. No. 22366 — A Resolution Authorizing The City Manager To Execute A Contract With Quest, LLC Of Ferris, Texas For The Upgrade Of The Leachate Panels At The City's Landfill System, With A Projected Budgetary Impact Amount Of $34,047.96. Funding Is Available In The Solid Waste Landfill Other Contractual Services Account Number 403-50-320-5470-00-00-000 (3) P.R. No. 22384 — A Resolution Authorizing The City Manager To Enter Into A One Year Contract With Ardurra Group Of Houston, Texas, In An Amount Not To Exceed $50,000.00 For Disaster Recovery Grant Management And Administration Services To The City Of Port Arthur's Community Development Block Grant Mitigation Program (CDBG-MIT); Fund Availability Is Subject To Reimbursement From FEMA And/Or Other Sources; To Be Paid From CDBG-MIT Account # 148-00-000-8515-00-10-000, Project Number DR1P00-OTH-CDF (4) P.R. No. 22385 — A Resolution Authorizing A One Year Contract Renewal With Ardurra Group Of Houston, Texas For Disaster Recovery Grant Management And Administration Services And Assistance Related To Flood Infrastructure (FIF) Projects With No Additional Contract Funding Required (5) P.R. No. 22386 — A Resolution Authorizing A One Year Contract Renewal With Ardurra Group, LLC For Disaster Recovery Grant Management And Administration Services And Assistance Related To Building Resilience Infrastructure (BRIC) Projects With No Additional Contract Funding Required (6) P.R. No. 22387 — A Resolution Authorizing The City Manager To Execute A Two (2) Year Contract, With The Option To Renew For Two (2) Additional Two (2) Year Periods, With McCreary, Veselka, Bragg & Allen, P.C., Of Round Rock, Texas, For Collection Of Municipal Court Fines (7) P.R. No. 22395 — A Resolution Authorizing The Approval Of The Payment Of $6,004.78 For Additional Cost Of The Walk In Cooler/Freezer Combo For 549 4th Street (The Press Building). Funds Available In EDC Account No. 120-80-625-8513-00-00-000 5 AGENDA MARCH 1, 2022 VII. CONSENT AGENDA — CONTINUED (8) P.R. No. 22396 — A Resolution Approving An Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The Balloon Barn For An Amount Not To Exceed $18,175.20; Funds Available In EDC Account No. 120-80-625-5478-00-00-000 (9) P.R. No. 22397 — A Resolution Approving Amendment No. 1 To The Economic Incentive Contract And Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Haulin Gas, LLC (10) P.R. No. 22399 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And American Waste Management Services, Inc. Of Warren, Ohio For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill (11) P. R. No. 22401 - A Resolution Amending Resolution No. 21-525 As It Pertains To Increasing The Purchase Price Of A Finn LF120 Hydro-Seeder (Bio Cover Sprayer) From Romco Paving Equipment Via BuyBoard Contract 597-17, By $5,301.00 To A New Total Not- To-Exceed Amount Of $79,620.00. Funding Is Available In The Capital Reserve Account 625-50-000-8522-00-00-000 (12) P.R. No. 22402 — A Resolution Authorizing The City Manager To Allow The Police Department To Apply For The FY 23 Project Safe Neighborhood Grant, With No Cash Match (13) P.R. No. 22404 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Marsh Waterproofing Of Vidor, Texas, For The Repair Of The Exterior Of Pompeiian Villa In The Amount Of $80,000.00. Funds Are Available In Hurricane Account #LAUR15-GRE-BUM AND #DLTA15-GRE-BUM i 6 AGENDA MARCH 1, 2022 VII. CONSENT AGENDA — CONTINUED (14) P.R. No. 22406 — A Resolution Authorizing The Purchase Of One (1) John Deere 35G Mini Excavator From Shoppa's John Deere Of Beaumont, Texas Through BuyBoard Contract No. 597-19, For The Water Utilities Department For Use In The Replacement Of Water Lines By The Wastewater Conveyance Division In The Total Amount Of $43,731.17; Funds Are Available In Water Utilities Account No. 625-40-000-8522-00-00-000, Equipment (15) P.R. No. 22407 — A Resolution Authorizing The Purchase Of One (1) S66 T4 Bobcat Skidsteer From Bobcat Of Beaumont From Beaumont, Texas Through BuyBoard Cooperative Purchasing Program, Contract No. 597-19 For The Water Utilities Department For Use In The Daily Operations Of The Wastewater Conveyance Division For The Total Amount Of $55,928.56; Funds Are Available In Water Utilities Account No. 625-40-000-8522-00-00-000, Equipment (16) P.R. No. 22408 — A Resolution Authorizing The Purchase Of One (1) S66 T4 Bobcat Skidsteer From Bobcat Of Beaumont From Beaumont, Texas Through BuyBoard Cooperative Purchasing Program, Contract No. 597-19, For Use By The Water Utilities Department's Wastewater Treatment Division For The Total Amount Of $46,710.64; Funds Are Available In Water Utilities Account No. 625-40-000-8522-00-00-000, Equipment (17) P.R. No. 22409 — A Resolution Authorizing The City Manager To Execute Change Orders 1 And 2 For The Contract Between The City Of Port Arthur And Construction Managers Of Southeast Texas Of Port Arthur, Texas Increasing The Contract Amount By $4,035.00 To A New Contract Amount Of $37,435.00, The Equipment Services Building Renovation Capital Project Account 307-21-049-8512-00- 10-000; Project B00010 CON AGENDA MARCH 1, 2022 VII. CONSENT AGENDA — CONTINUED (18) P.R. No. 22410 — A Resolution Authorizing The Purchase Of One 2022 Dive Rescue Vehicle For The Fire Department From Municipal Fire Apparatus Specialists, LLC From McAllen, Texas, Through Houston-Galveston Area Council (HGAC) Contract No. FS12-19 In The Amount Of $299,651.00, Along With The Purchase Of One Air Cascade System From Siddons-Martin Group From Port Arthur, Texas, In The Amount Of $18,993.63; Funding Is Available In Capital Reserve Account No. 625-19-000-8523-00-00-000 (19) P.R. No. 22411 — A Resolution As It Pertains To Setting Public Hearings As To The Disannexation Of The Property Located Within The City Limits Of Port Arthur, Texas And To Provide Notice Of Said Public Hearings To Property Owners, Agencies, Utilities, Railroads Pursuant To Section 43.062 Of The Texas Local Government Code (20) P.R. No. 22414 — A Resolution Authorizing The City Manager To Execute Change Order No. 1, To Install A Water Heater And Drains, To The Contract Between The City Of Port Arthur And SETEX Facilities And Maintenance LLC Of Beaumont, Texas, Through BuyBoard Cooperative Purchasing Program Contract Number 581- 19 For The Construction Of A Spray Park, Soccer Field And Volleyball Court At 5200 7th Street (Formerly Lakeview Pool) Increasing The Contract Amount By $8,815.00 For A New Contract Amount Of $886,503.86; Funding Available In Account Number 307-25-067-8525-00-10-000 Project Number PR0003 (21) P.R. No. 22417 — A Resolution Authorizing The Purchase Of One (1) John Deere 85G Medium Sized Excavator From Doggett John Deere Of Beaumont, Texas Through BuyBoard Contract No. 597-19, For The Water Utilities Department For Use In The Replacement And Repair Of Sewer Lines By The Wastewater Conveyance Division In The Total Amount Of $120,213.89; Funds Are Available In Water Utilities Account No. 625-40-000-8522-00-00-000, Equipment (22) P.R. No. 22418 — A Resolution Authorizing The City Manager To Purchase Four (4) 14,000 GVWR Trailers For The Water Utilities Department From Jones Trailer Sales Of Beaumont, Texas, In The Total Amount Of $26,000.00. Funds Are Available In Account No. 625-40-000-8522-00-00-000, Equipment 8 AGENDA MARCH 1, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22306 — A Resolution Authorizing The Execution Of Major Pipeline Permit #21-01 From The City Of Port Arthur To G. T. Logistics, LLC Of San Antonio, Texas For The Installation Of A Twenty Inch (20") Gasoline Pipeline And Four Inch (4") Fiber Optics Conduit Within The Corporate Limits Of The City Of Port Arthur, Jefferson County Texas (2) P.R. No. 22380 — A Resolution Authorizing A One Year Renewal Of The Contract With Ardurra Group, LLC For Disaster Recovery Grant Management And Administration Services And Providing Additional Contract Funding Of $120,000.00; Fund Availability Is Subject To Reimbursement From FEMA And/Or Other Sources; To Be Paid From Hurricane Harvey Account #147-07-015-5420-00-40-000, Project Number DS2617-GRE-PRO (3) P.R. No. 22415 — A Resolution Authorizing The March 15, 2022 Regularly Scheduled Council Meeting Date To Be Canceled Or Rescheduled (Requested By Mayor Bartle) B. Ordinances — Non-Consent — None 9 AGENDA MARCH 1, 2022 IX. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 — Litigation And/Or Legal Advice Section 551.072 — Land Section 551.073 — Negotiated Contracts For Prospective Gifts To The City Section 551.074 — Personnel Section 551.076 — Security Personnel Or Devices Section 551.087 — Deliberations Regarding Economic Development Incentives Closed Meeting: (1) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding Potential And/Or Pending Litigation And Other Legal Claims And 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 (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City's Extraterritorial Jurisdiction (ETJ)/Industrial District (4) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Attorney, City Manager, and City Secretary *The Items In Executive Session May Be Discussed And Acted On In Open Session �o AGENDA MARCH 1, 2022 X. ADJOURNMENT OF MEETING *************************************************** 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 March 2, 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 *************************************************** 11 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.