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HomeMy WebLinkAbout(2) 04/12/2022 REGULAR MEETING REGULAR MEETING — April 12, 2022 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, April 12, 2022 at 5:40 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman Bill Bartle; Mayor Pro Tem Donald Frank, Sr.; Councilmembers Ingrid Holmes, Cal Jones, Thomas Kinlaw, III. and Kenneth Marks, Sr. ; City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. Councilmember Charlotte Moses was absent from the Regular Meeting. II. PROCLAMATIONS Proclamations — None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Joe Escobedo Regarding Trash Bill Not present. B. Presentations (1) A Status Update Pertaining To The Annual Street Project Completion/Repairs Percentage By District. (Requested By Councilmember Kinlaw) Public Works Engineer Martin Floyd gave the above-mentioned presentation. (2) A Status Update Pertaining To Drainage District Projects Golf Course And Lake Arthur (Requested By Councilmember Kinlaw) Adurra Sr. Project Manager Mounika Parakala gave the above-mentioned presentation. C. Employee Recognition D. Correspondence E. Discussion IV. PUBLIC HEARING(S) — None V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) Mayor Pro Tern Frank offered condolences to the family of Gloria Branch upon her passing. VI. UNFINISHED BUSINESS — None VII. CONSENT AGENDA Upon the motion of Councilmember Holmes, seconded by Councilmember Marks and carried, the following Consent Agenda items were adopted with the exception of Items (A1) and (A2) and Proposed Resolutions No. 22461 and 22476: Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw and Marks. Voting No: None. 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 Proposed Resolution No. 22425 was adopted becoming Resolution No. 22-155. (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 Proposed Resolution No. 22440 was adopted becoming Resolution No. 22-156. (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 Proposed Resolution No. 22441 was adopted becoming Resolution No. 22-157. (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 Proposed Resolution No. 22442 was adopted becoming Resolution No. 22-158. (5) P.R. No. 22443 — A Resolution Authorizing The Acceptance Of A Utility Easement From The Port Of Port Arthur City Council Minutes Regular Meeting — April 12, 2022 2 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 Proposed Resolution No. 22443 was adopted becoming Resolution No. 22-159. (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 Proposed Resolution No. 22463 was adopted becoming Resolution No. 22-160. (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 Proposed Resolution No. 22471 was adopted becoming Resolution No. 22-161. (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 Proposed Resolution No. 22474 was adopted becoming Resolution No. 22-162. (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 Proposed Resolution No. 22477 was adopted becoming Resolution No. 22-163. (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 Proposed Resolution No. 22478 was adopted becoming Resolution No. 22-164. (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 City Council Minutes Regular Meeting — April 12, 2022 3 Available In The Capital Reserve Account, Account No. 625- 50-000-8522-00-00-000 Proposed Resolution No. 22486 was adopted becoming Resolution No. 22-165. (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 Proposed Resolution No. 22487 was adopted becoming Resolution No. 22-166. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent — Action Items A. Travel Request/Expense Reports (A1) 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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Marks and seconded by Councilmember Kinlaw that Proposed (A1) and (A2) Expense Reports be adopted. Councilmember Marks made the following statement for the record: For the record I just want the public to know I received an email or a text yesterday concerning the travel expenses and I am going to read a portion of that and then I am going to give you some details. I will not identify the person that sent this. I took it as the way he meant it and that is why I am bringing it to the council today. This is what it read: If you vote to approve any more of Thurman's or Frank's trips when I stand in front of council I will be — there is some bad grammar here, I will be to make sure you totally get it. Dude you are a complete sell out to this city. I am not going to read the rest of it. But I just want to give some background — this is the type thing that I imagine other council people are getting from this person and, some of the people, that he frequents the Internet, Facebook with all this trolling type of stuff. But the two items in question here are the travel expenses for the Mayor and the Mayor Pro Tem to go to the National League of Cities Annual Conference. On the agenda it shows that the expenses were $4,700.00 for the Mayor and $4,300.00 for the Mayor Pro Tem. I went back and did some research with the agendas to see exactly what our historical data shows us. I went back to 2017 and I am going to give City Council Minutes Regular Meeting —April 12, 2022 4 you some information because I want this for the record so that whenever this comes before us again, we will know that there is a president for what is happening as far as travel is concerned. • In April of 2017 there were three City Council persons that traveled to the National League of Cities Conference from March 11 — 16, 2017. The total for that trip was $9,300.00. It broke down to $3,400.00 for one council person, $2,300.00 for the second council and $3,500.00 for the third council. • In 2018 there was only one person that traveled to the National League of Cities Conference and the cost for that trip was $4,700.00 • Then in 2019 for the conference there was the Mayor's Conference where the Mayor traveled for $3,500.00. Then there were three council people that traveled to the National League of Cities Conference for $3,800.00, $3,600.00, and $3,600.00 for a total of $11,273.00. • In 2020 when we were in the midst of COVID virus the Mayor went to a virtual summit. Although we had a budget that would be commensurate with previous travel expense budget, he spent $220.00 for the Texas Municipal Virtual Summit and the National League of Cities Virtual Summit was $295.00. so, we have only $515.00 that was spent in 2020 for those travel expenses. • Then in 2021 the total expenses for the Legislative Wrap-Up and the National League of Cities Conference. Total there were five participants only $2,300.00 were spent. The point I am trying to make here is that we are getting these text, Facebook posts, or whatever concerning travel expenses, and this has been going on now for the last four or five months. It is like we are not being good stewards because we have our leaders traveling to these conferences. But unless we have representation in these rooms and meetings and making connections with people, we are not going to be able to access the funding that is coming down from the federal level. Point, an example, I was sitting in the Mayor's office discussing an issue concerning streets and he got a phone call from a group of investors, who he had been connected to by the Mayor of Houston. These folks were asking about a presentation that our EDC had sent in for a $43,000,000.00 plastic plant project. And the only reason we even got a chance to present was because of the connection that the Mayor of Houston made to Mayor Bartle and these investors. We eventually — we ended up not getting that project even though they gave us an extension to send in a second presentation because the first one was not up to what they called standard. Again, the point I am making here is that we as a council in our budget process actually budget for travel expenses for our leadership. Whether it be the Mayor, the Mayor Pro Tem, the City Council, and it is for us to actually represent this city. To actually make connections so that we can benefit from those type of connections and get information that is going to help us access state, federal and county funds. So, I just want this to be on the record to say that we have some folk here who continually agitate certain groups of people so that they can, for lack of a better term, make the council look bad. I am here to tell the citizens of Port Arthur that we have your best interest at heart. We are being good stewards with your money. We are not spending any money frivolously. And so please, if you see something on Facebook or Instagram, wherever else they are going with this stuff, please contact one of us or the City Manager and staff so that they can City Council Minutes Regular Meeting —April 12, 2022 5 actually shed the true light about what is being spent here. Because this is not an effort for the City Council the Mayor or any one of us to have pleasure trips. This is about taking care of the business of the City of Port Arthur, and I just wanted to put that on the record before we voted. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw and Marks. Voting No: None. Proposed Items (A1) and (A2) were adopted. Consent - Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tern Frank, seconded by Councilmember Marks and carried, Proposed Resolution No. 22461 was adopted becoming Resolution No. 22-167. Voting Yes: Mayor Bartie; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw and Marks. Voting No: None. The caption of Resolution No. 22-167 reads as follows: RESOLUTION NO. 22-167 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 City Council Minutes Regular Meeting — April 12, 2022 6 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 (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Jones and carried, Proposed Resolution No. 22476 was adopted becoming Resolution No. 22-168. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw and Marks. Voting No: None. The caption of Resolution No. 22-168 reads as follows: RESOLUTION NO. 22-168 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 A. Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Holmes, seconded by Councilmember Holmes and carried, Proposed Resolution No. 22338 was adopted becoming Resolution No. 22-169. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw and Marks. Voting No: None. The caption of Resolution No. 22-169 reads as follows: RESOLUTION NO. 22-169 City Council Minutes Regular Meeting —April 12, 2022 7 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Marks and carried, Proposed Resolution No. 22416 was adopted becoming Resolution No. 22-170. Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw and Marks. Voting No: None. The caption of Resolution No. 22-170 reads as follows: RESOLUTION NO. 22-170 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 (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Marks, seconded by Mayor Pro Tern Frank and carried, Proposed Resolution No. 22481 was adopted becoming Resolution No. 22-171. City Council Minutes Regular Meeting —April 12, 2022 8 Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw and Marks. Voting No: None. The caption of Resolution No. 22-171 reads as follows: RESOLUTION NO. 22-171 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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Frank and seconded by Councilmember Marks that Proposed Resolution No. 22482 be adopted. The following nominations were made for appointment to the Port Arthur Coalition for Homeless Advisory Board: Mayor Pro Tem Frank: Pricilla Sonnier Lovey Austin Councilmember Holmes: Vivian Ballou Councilmember Jones: Johndashia Mingo Annie Barkers Councilmember Moses: Deloris Coleman Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw and Marks. Voting No: None. Proposed Resolution No. 22482 was adopted, with the above-mentioned names added, becoming Resolution No. 22-172. The caption of Resolution No. 22-172 reads as follows: RESOLUTION NO. 22-172 A RESOLUTION APPOINTING MEMBERS TO THE PORT ARTHUR COALITION FOR HOMELESS ADVISORY BOARD City Council Minutes Regular Meeting — April 12, 2022 9 A. Ordinances (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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Jones and carried, Proposed Ordinance No. 7048 was adopted becoming Ordinance No. 22-25. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw and Marks. Voting No: None. The caption of Ordinance No. 22-25 reads as follows: ORDINANCE NO. 22-25 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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Holmes, seconded by Mayor Pro Tern Frank and carried, Proposed Ordinance No. 7049 was adopted becoming Ordinance No. 22-26. Voting Yes: Mayor Bartie; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw and Marks. Voting No: None. The caption of Ordinance No. 22-26 reads as follows: ORDINANCE NO. 22-26 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 City Council Minutes Regular Meeting — April 12, 2022 10 THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Kinlaw, seconded by Councilmember Marks and carried unanimously, the City Council adjourned their meeting at 6:47 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 April 12, 2022. APPROVED: City Council Minutes Regular Meeting — April 12, 2022 11