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HomeMy WebLinkAboutAPRIL 12, 2022 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYOR Energy RON BLR'I'ON DONALD FRANK,SR.,MAYOR PRO TEM City of on CITY MANAGER COUNCIL MEMBERS: II SHERRI BELLARD,TRMC INGRID HOLMES CITY SECRETARY C:11.J.JONES o r t r th u r THOMAS J.KINLAW III YAL TIZENO KENNETH MARKS Tc_aas CITY ATTORNEY CHARLOTTE MOSES AG E N DA City Council Regular Meeting April 12, 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, April 12, 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: 879 0686 7377 And Passcode: 105751 (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 April 12, 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) Joe Escobedo Regarding Trash Bill B. Presentations (1) A Status Update Pertaining To The Annual Street Project Completion/Repairs Percentage By District. (Requested By Councilmember Kinlaw) (2) A Status Update Pertaining To Drainage District Projects Golf Course And Lake Arthur (Requested By Councilmember Kinlaw) C. Employee Recognition — None D. Correspondence — None 1 AGENDA APRIL 12, 2022 III. PETITIONS & COMMUNICATIONS - CONTINUED E. Discussion - None 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; (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 1 AGENDA APRIL 12, 2022 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: The National League Of Cities Annual Conference Washington, DC March 12 — 17, 2022 $4,787.48 (A2) Mayor Pro Tern Frank: The National League Of Cities Annual Conference Washington, DC March 12 — 17, 2022 $4,369.66 B. Minutes March 29, 2022 Regular Meeting April 5, 2022 Special Meeting C. Resolutions (1) P.R. No. 22425—A Resolution Authorizing The City Manager To Enter Into A Contract With Schaumburg & Polk, Inc. Of Beaumont, Texas, For Professional Services As Project Engineer For The Railroad Avenue & Thomas Boulevard Elevated Storage Tank Rehabilitation Project, With A Total Projected Budgetary Impact Of $97,700.00; Funds Are Available In Account No. 405-40-000-8516-00-00-000, WS0013-DES AGENDA APRIL 12, 2022 VII. CONSENT AGENDA — CONTINUED (2) P.R. No. 22440 — A Resolution Authorizing The City Manager To Execute An Ingress/Egress Easement Agreement Between The City Of Port Arthur And The Port Of Port Arthur Navigation District For The Purpose Of Retaining Perpetual, Non-Exclusive Access On A 1.425 Acre Portion Of Property Located At Houston Avenue And 4th Street (3) P.R. No. 22441 — A Resolution Authorizing The City Manager To Execute An Ingress/Egress Easement Agreement Between The City Of Port Arthur And The Port Of Port Arthur Navigation District For The Purpose Of Retaining Perpetual, Non-Exclusive Access On A 1.351 Acre Portion Of Property Located At Railroad Avenue And 5th Street (4) P.R. No. 22442 — A Resolution Authorizing The Acceptance Of A Utility Easement From The Port Of Port Arthur Navigation District For The Purpose Of Construction, Installation, Laying, And/Or Maintaining Of Utilities On A 1.425 Acre Portion Of Property Located At Houston Avenue And 4th Street (5) P.R. No. 22443 — A Resolution Authorizing The Acceptance Of A Utility Easement From The Port Of Port Arthur Navigation District For The Purpose Of Construction, Installation, Laying, And/Or Maintaining Of Utilities On A 1.351 Acre Portion Of Property Located At Railroad Avenue And 5th Street (6) P.R. No. 22461 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 Decreasing The Original Contract Amount Of $610,302.49 By $11,319.74 To The New Contract Amount Of $598,982.75, The Addition Of 25 Calendar Days For Contract Completion And Acceptance Of The Certificate Of Completion, Contractor's Certificate And Release, Contractor's Certificate Of Warranty, Contractor's Certificate Of Debts Paid To The Contract Between The City Of Port Arthur And Construction Managers Of Southeast Texas, LLC Of Port Arthur, Texas Waco Avenue-4th Street Police Parking Lot Project And Approval Of Release Of Retainage For The Amount Of $29,949.14 From The Capital Improvements Account No. 307-25-067-8525-00-10-000. Project No. DT001-CON 4 AGENDA APRIL 12, 2022 VII. CONSENT AGENDA — CONTINUED (7) P.R. No. 22463 — A Resolution Authorizing The Execution Of An Agreement With Republic Meter, Inc. Of Dallas, Texas For The Development Of An Itron Meter Data Interface (MDI) Adaptor To Facilitate The Transfer Of Meter Data Into The Tyler Munis Utility Billing System. Funding In The Amount Of $38,200.00 Available In Water Utilities Account No. 410-40-205-5420-00-00-000, Professional Services (8) P.R. No. 22471 —A Resolution Authorizing The City Manager To Enter Into A Contract With Construction Managers Of Southeast Texas, LLC Through TIPS Cooperative Purchasing Program Reference No. 200201 To Make Repairs To The Awnings For The Back Lot Of The Police Department In The Amount Of $24,850.00. Funding Is Available In Building Maintenance Account No. 001-17-045-5312-00- 30-000 (9) P.R. No. 22474 — A Resolution Approving The FY 2023 Contract Amendment Between The City Of Port Arthur And The Department Of State Health Services For The Public Health Emergency Preparedness Program By Adding $103,507.00 In Federal Funding With A 10% City Match Of $10,351.00 And Extending The Contract To End June 30, 2023 (10) P.R. No. 22476 — A Resolution Authorizing The City Manager To Negotiate A Contract With Burditt Consultants, LLC. Of Conroe, Texas For The Design Of A Parks And Recreation Master Plan For The City Of Port Arthur (11) P.R. No. 22477 — A Resolution Authorizing The City Manager To Accept A Property Donation From Joyce Bodin For The Property Located At 1900 6th Street (12) P.R. No. 22478 — A Resolution Authorizing The City Manager To Execute An Amendment To The Subaward Agreement With The Texas Parks And Wildlife Department For A Planning Grant For The Repaving Of The Boat Ramp And Fishing Pier Located At Pleasure Island Extending The Agreement Term To February 1, 2023 5 AGENDA APRIL 12, 2022 VII. CONSENT AGENDA — CONTINUED (13) P.R. No. 22486 — A Resolution Amending Resolution Number 22-099 Authorizing The City Manager To Purchase A Finn LF120 Hydro- Seeder (Bio Cover Sprayer) From Romco Paving Equipment Of Houston, Texas, Through BuyBoard Contract 597-19 For $75,398.00. Funding Is Available In The Capital Reserve Account, Account No. 625-50-000-8522-00-00-000 (14) P.R. No. 22487 — A Resolution Authorizing The City Manager To Execute A Contract With Pemsco Of Beaumont, Texas, For The Purchase And Installation Of A Pump And Electric Motor For The Foster Pump Station In The Amount Of $308,505.10. Funding Available In The Equipment Replacement Account No. 625-21-000- 8523-00-00-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22338 — A Resolution Ratifying The City Manager's Decision To Approve A Change Order By Alfa Laval, Of Houston, Texas For Additional Repairs To Alfa Laval Centrifuge At The Port Acres Wastewater Treatment Plant, Increasing The Amount From $32,600.00 By $4,761.80 To A New Total Amount Of $37,361.80; Funding Is Available In Water Utilities Account No. 410-40-225-5318- 00-00-000, Equipment Maintenance (2) P.R. No. 22416 — A Resolution Authorizing The City Manager To Execute A Contract With Freese & Nichols, Inc. Of Pearland, Texas, For The Construction Management Services Of The Main Wastewater Treatment Plant Rehabilitation Project Located At 6300 Procter Street Extension In The Total Amount Of $2,100,000.00 And Funding Is Available In Account No. 404-40-000-8516-00-00-000, Project No. TW-0003-CON 6 AGENDA APRIL 12, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED (3) P.R. No. 22481 — A Resolution Ratifying The City Manager's Decision To Approve The Fabrication And Installation Of Three (3) Temporary Electric Control Panels At The 46th Street Lift Station By Epic Engineering Of Orange, Texas With A Total Budgetary Impact Of $53,911.54; Funds Are Available In Water Utilities Capital Improvement Fund Account No. 405-40-000-8516-00-00-000, Water Utility Systems, Project STRING WS0010-CON (4) P.R. No. 22482 — A Resolution Appointing Members To The Port Arthur Coalition For Homeless Advisory Board B. Ordinances — Non-Consent (1) P.O. No. 7048 — An Ordinance Amending Section 2-73(b)(1) And Section 2-75 (a)(2)(b) Of The Code Of Ordinances As It Pertains To Persons Requesting To Address Council (2) P.O. No. 7049 — An Ordinance Of The City Of Port Arthur, Texas Suspending The Rates Proposed By Centerpoint Energy Resources Corp., D/B/A Centerpoint Energy Entex And Centerpoint Energy Texas Gas ("Centerpoint" Or "Company") Company's Gas Reliability Infrastructure Program ("GRIP") Filing Made With The City On March 3, 2022; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date IX. 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 April 13, 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 *************************************************** 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.