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HomeMy WebLinkAboutAUGUST 2, 2022 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYOR RON BURTON INGRID HOLMES,MAYOR PRO TEM City of C+n' CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD.'fRMC CAL J.JONES CITY SECRETARY THOMAS J.KINLAW III ort r f It u r KENNETH MARKS VAL TREND CHARLOTTE MOSES CITY ATTORNEY DONALD FRANK, SR. AG E N DA City Council Regular Meeting August 2, 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, August 2, 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: 833 1938 5925 And Passcode: 229593 (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. Website: http://www.portarthurtx.gov City Council Meeting City Hall Council Chamber City Of Port Arthur August 2, 2022 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartle Mayor Pro Tern Holmes Councilmember Jones Councilmember Kinlaw, III Councilmember Marks Councilmember Moses Councilmember Frank, Sr. City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Bonita Green Regarding 0. W. Collins Apartments (2) Ronald Lyons Regarding Racial Profiling And Destruction Of Property (3) Jace Garrett Regarding Disinfecting, Sanitizing, Deodorizing Trash Bins In The City (4) Eddie Scaggs Regarding Majority System/Plurality System (5) Harold Doucet, Sr. Regarding Rules Of Decorum • AGENDA August 2, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations — None C. Employee Recognition — None D. Correspondence — None E. Discussion (1) Discussion Regarding Use Of City Vehicles Including Take Home Policies (Requested By Councilmember Kinlaw) (2) Discussion Regarding The Renaming Portions of Bluebonnet Avenue And Grannis Avenue (Requested By Councilmember Jones) (3) Discussion Regarding Renaming the Municipal Court Building To Judge Kermit Morrison (Requested By Councilmember Jones) 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; AGENDA August 2, 2022 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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 (1) P.R. No. 22682 — A Resolution Authorizing The City Manager To Revise The American Rescue Plan Act (ARPA) Project Categories Which Were Previously Approved (Public Comment Will Be Allowed Prior To Consideration Of This Item) 3 AGENDA August 2, 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 — None B. Minutes July 19, 2022 Regular Meeting C. Resolutions (1) P.R. No. 22479 — A Resolution Authorizing The City Manager To Execute Deductive Change Order No. 1 With Allco, LLC Of Beaumont, Texas To Provide A Cost Reduction Of $6,234,049.00; To A New Total Contract Amount Of $67,409,178.00 For The Rehabilitation And Modification Of The Main Wastewater Treatment Plant With Funding Available Through The Following: $56,237,412.00 From Account No. 404-40-000-8516-00-00-000, Project No. TW-0003-CON And $11,171,766.00 From 169-07-015- 8516-00-40-000, Project No. ARP002-GRE-WWT (2) P.R. No. 22669 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $18,985.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Water Utilities Unit #2101 (3) P.R. No. 22670 — A Resolution Approving Settlement Of Wind Damage Claims In The Amount Of$65,688.78 Made Against Certain Underwriters At Landmark American Insurance Company (Through Agent USI Southwest, Inc., El Paso) Due To Hurricane Laura (August 27, 2020) To Various City Properties 4 AGENDA August 2, 2022 VII. CONSENT AGENDA — CONTINUED (4) P.R. No. 22676 —A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Rental Of Two Generators From Stewart & Stevenson Through Electrical Specialties, Inc. And One Generator From Peak Engineering, LLC And Emergency Repairs To The Electrical Transfer Station At The Water Purification Plant By Electrical Specialties, Inc. In The Total Amount Of $123,587.99; Funding Is Available In Account No. 410-40-210-5318-00-00-000, Equipment Maintenance (5) P.R. No. 22678 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To Increase The Contract Amount Between The City Of Port Arthur And Gulf Coast A CRH Company Of Beaumont, Texas, By $161,566.02, To A New Total Contract Amount Of $1,826,820.02 For Inlet Rebuilds, Trench Excavation, And Additional HDPP Pipe For The 5th And 6th Street Rehabilitation Project With Funding From The Street Maintenance Account 307- 80-625-8518-00-10-000 And The Community Development Block Grant (CDBG) Account 105-13-033-8517-00-40-000. Project Nos. ST1P54 And ST1P55 (6) P.R. No. 22683 — A Resolution Authorizing The Purchase Of A PB Loader BC4 (Pothole) Patcher From Doggett Freightliner Of Southeast Texas, LLC Of Austin, Texas, Through TIPS Cooperative Purchasing Contract Number 200206 For A Projected Budgetary Impact Of $229,885.90. Funding Is Available In The Capital Reserve Account, Account No. 625-21-000-8522-00-00-000 (7) P.R. No. 22685 - A Resolution Authorizing Panama Equipment To Provide A One-Time Annual Maintenance Of The Generator Servicing At 549 4th Street (The Press Building), In An Amount Not To Exceed $5,476.92; Funding Available In EDC Account No. 120- 80-625-5318-00-00-000 (8) P.R. No. 22686 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Lease With BKG Enterprises For Suite 131A 549 4th Street (The Press Building) 5 AGENDA August 2, 2022 VII. CONSENT AGENDA — CONTINUED (9) P.R. No. 22687 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Lease With DBE Industrial For Suite 121A At 549 4th Street (The Press Building) (10) P.R. No. 22688 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Lease With Diamond Shine Cleaning Services For Suite 211A At 549 4th Street (The Press Building) (11) P.R. No. 22689 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Lease With General Pipe Industrial Contractors LA LLC For Suite 213A At 549 4th Street (The Press Building) (12) P.R. No. 22690 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Lease With Humidor LLC For Suite 217A At 549 4th Street (The Press Building) (13) P.R. No. 22691 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Lease With Linda's Lighthouse For Suite 218A At 549 4th Street (The Press Building) (14) P.R. No. 22692 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Lease With Nerd Family Technologies For Suite 109A At 549 4th Street (The Press Building) (15) P.R. No. 22693 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Lease With Nerd Family Companies D/B/A Nerd Family Productions For Suite 128A At 549 4th Street (The Press Building) (16) P.R. No. 22694 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Lease With Romar & Reed Media For Suite 206A At 549 4th Street (The Press Building) 6 AGENDA August 2, 2022 VII. CONSENT AGENDA — CONTINUED (17) P.R. No. 22695 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Lease With Solco Engineering For Suite 209A At 549 4th Street (The Press Building) (18) P.R. No. 22696 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Lease With The Master's Hands Grant Management Services For Suite 130A At 549 4th Street (The Press Building) (19) P.R. No. 22697 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Lease With Howell's Bush Hog For Suite 212A At 549 4th Street (The Press Building) (20) P.R. No. 22698 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Lease With Triangle Enterprise For Suite 207A At 549 4th Street (The Press Building) (21) P.R. No. 22699 — A Resolution Authorizing The Port Arthur Type 4A Economic Development Corporation Appointing Denton Navarro Rocha Bernal &Zech, P.C. As General Counsel And Assistant General Counsels; And Authorizing The President Of The Board Of Directors To Execute A Legal Services Agreement In An Annual Amount Not To Exceed $110,000.00. Funds Available In EDC Account No. 120- 80-625-5420-00-00-000; And Setting An Effective Date (22) P.R. No. 22700 —A Resolution Authorizing The Lease Of Office Space Located Within 501 Procter Street By The City Of Port Arthur Section 4A Economic Development Corporation To Gulf Stone Environmental Services, LLC (23) P.R. No. 22702 — A Resolution Authorizing The City Manager To Enter Into An Inter-Local Agreement Between Jefferson County, The City Of Beaumont And The City Of Port Arthur For The 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) And Receive Funding In The Amount Of $30,741.00, No Cash Match Required AGENDA August 2, 2022 VII. CONSENT AGENDA — CONTINUED (24) P.R. No. 22705 —A Resolution Authorizing The Purchase Of Twenty- Four (24) Portable Radios And Fourteen (14) Mobile Radios With Accessories For The Fire Department From Motorola Solutions Of Houston, Texas Through HGAC Contract RA05-18, In The Amount Of $221,803.84; Funding Is Available In Equipment Account Number 149-13-630-8522-00-10-000 (25) P.R. No. 22706 — A Resolution Authorizing The City Manager To Execute Amendment No. 5 To The Software As A Service Agreement With Tyler Technologies Approved Pursuant To Resolution 19-392 To Convert Unused Conversions To Implementation Hours (26) P.R. No. 22708 - A Resolution Addressing A Request For A Variance Pursuant To Section 6-35 Of The Code Of Ordinances Of The City Of Port Arthur And Section 109.33 Of The Texas Alcohol And Beverage Code As It Pertains To The Sale Of Alcoholic Beverages At 2649 Gulfway Drive, Port Arthur, Texas (27) P.R. No. 22713 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And W And W Construction Of Port Arthur, Texas For Utility Cut Repairs At Various Locations Throughout The City With A Projected Impact Of $150,000.00. Funding Available In Public Works Street Maintenance — City Streets, Account No. 001-21-053-5316-00-70-000 And Water Utilities Water Distribution —Streets, Account No. 410-40-215-5316- 00-00-000 (28) P.R. No. 22714 — A Resolution Authorizing The City Manager To Execute Amendment No. 6 To The Software As A Service Agreement With Tyler Technologies Approved Pursuant To Resolution 19-392 To Include A Three-Year Agreement For Tyler Notify For The One- Time Implementation Fee Of $3,300.00 And An Annual Fee Of $21,780.00. Funds Available In Water Account 410-40-205-5470- 00-00-000 8 AGENDA August 2, 2022 VII. CONSENT AGENDA — CONTINUED (29) P.R. No. 22715 — A Resolution Authorizing The City Manager To Execute Amendment No. 7 To The Software As A Service Agreement (SAAS) With Tyler Technologies Approved Pursuant To Resolution 19-392 To Remove Executime Mobile Apps And To Adjust The Quarterly SAAS Payment Schedule For The Delay In The Implementation Of The Enrgov System (30) P.R. No. 22716 - A Resolution Authorizing The City Manager To Negotiate A Contract With Brown Reynolds Watford (BRW) Architects, Inc. Of College Station, Texas, For Preliminary Assessments, Planning, Design And Engineering Services Relating To The Relocation Of Fire Station No. 2 And No. 3 (31) P. R. No. 22717 - A Resolution Authorizing The City Manager To Accept A Donation From The Cheniere Foundation In The Amount Of $50,000.00 To Support Pleasure Island Improvements (32) P.R. No. 22718—A Resolution Authorizing The City Manager To Apply To The U.S. Department Of Housing And Urban Development For A Community Development Block Grant In The Amount Of $1,082,136.00 And A Grant In The Amount Of$317,978.00 In Home Investment Partnership (HOME) Funds And Authorizing The City Manager To Execute The City Of Port Arthur's 2022 Consolidated Annual Plan. The Consolidated Plan Will Be Submitted To The U.S. Department Of Housing And Urban Development VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22719 - A Resolution Authorizing The City Manager To Enter Into The Second Year (First Renewal) Of The Contract With Ardurra Of Houston, Texas For Assistance With The American Rescue Plan Act Program/Grant Management Services In An Amount Not To Exceed $180,000.00 Per Annum. Funding Is Available From American Rescue Plan Account #169-07-015-5470- 00-40-000, Project No. ARP0007 9 AGENDA August 2, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED B. Ordinances — Non-Consent (1) P. 0. No. 7085 - An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code 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 August 3, 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 *************************************************** 10 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.