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Home My WebLink About(1) 10/11/2022 REGULAR MEETING REGULAR MEETING — October 11, 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, October 11, 2022 at 9:42 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman Bill Bartie; Councilmembers Cal Jones, Thomas Kinlaw, III, Kenneth Marks and Charlotte Moses; City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. Mayor Pro Tern Ingrid Holmes and Councilmember Donald Frank Sr. were absent from the Regular Meeting. II. PROCLAMATIONS Proclamations i The Mayor issued the following Proclamation(s): October 15, 2022 as "White Kane Awareness Day" October 2022 as "Chiropractic Health Month" October 11, 2022 as "Gift of Life Breast And Ovarian Cancer Day" III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations — None C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARING(S) - None V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED Councilmember Moses extended condolences to the family, friends and co-workers on the loss of city employee Frederick Peter Bill. Councilmember Kinlaw extended condolences to the family and friends on the loss of Phyllis Charles. VI. UNFINISHED BUSINESS — None VII. CONSENT AGENDA Upon the motion of Councilmember Marks, seconded by Councilmember Moses and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 22796, 22797, 22798 and 22806: Voting Yes: Mayor Bartle; Councilmembers Jones, Kinlaw, Marks and Moses. Voting No: None. A. Travel Request/Expense Reports (A1) City Manager Ronald Burton: 2022 ICMA Annual Conference Columbus, OH September 17 — 21, 2022 $2,753.86 B. Minutes September 27, 2022 Special Meeting (Executive Session) September 27, 2022 Regular Meeting C. Resolutions (1) P.R. No. 22730 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Elite Contractors & Equipment, LTD Of Kirbyville, Texas For The Sabine Pass Boat Ramp Improvement Project In Sabine Pass, Texas For The Amount Of $2,132,929.00. Funding Is Available In Capital Improvements Project Account 152-60-415-8525- 00-00-000; Project No. PR0007, And 169-07-015-8525-00- 40-000, Project No. ARP013 Proposed Resolution No. 22730 was adopted becoming Resolution No. 22-450. (2) P.R. No. 22738 — A Resolution Authorizing The City Manager To Execute Change Order No. 01 To The Contract Between The City Of Port Arthur And Gulf Coast A CRH Company Of Beaumont, Texas For The Various Street Roadway Improvement Project II, Removing Four (4) Streets From The Contract And Reducing The Contract Amount By $2,473,929.00 To A New Contract Amount Of $7,734,508.93, And Decreasing The Time Of The Contract By 110 Calendar Days To A New Term Of 590 Calendar Days. Funding Is Available In Capital Improvement Project Account 307-21-053-8517-00-10-000 Proposed Resolution No. 22738 was adopted becoming Resolution No. 22-451. (3) P.R. No. 22769 — A Resolution Authorizing The Expenditure Of Funds In An Amount Not To Exceed $9,530.77 To Provide Maintenance Of The Generator Servicing 549 4th Street (The Press Building); Funding Available In EDC Account No. 120-80-625-5318-00-00-000 Proposed Resolution No. 22769 was adopted becoming Resolution No. 22-452. (4) P.R. No. 22778 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Traf-Tex, Inc. Of Houston, Texas For The Traffic Signal Installation At Bluebonnet Avenue And Gulfway Drive For The Amount Of $341,870.48. Funding Is Available In Capital Improvements Project Account 307-21-049-8522-00-10-000. Project No. CE0002 Proposed Resolution No. 22778 was adopted becoming Resolution No. 22-453. City Council Minutes Regular Meeting — October 11, 2022 2 (5) P.R. No. 22779 — A Resolution Authorizing The City Manager To Enter Into A Master IT Recovery & Recycle Agreement With Global Asset Of Carrollton, Texas Through The BuyBoard Cooperative Purchasing Program Contract No. 661-22 For The Disposition Of Technology Assets Proposed Resolution No. 22779 was adopted becoming Resolution No. 22-454. (6) P.R. No. 22790 — A Resolution Authorizing Change Order No. 1 To The Contract With Municipal Fire Apparatus Specialists, LLC, Of McAllen, Texas Through HGAC Contract No. FS12-19 Increasing The Cost Of The Dive Rescue Vehicle By $3,493.00 To A New Contract Amount Of $303,144.00; Funds Available In Account No. 625-19-000- 8523-00-00-000 Proposed Resolution No. 22790 was adopted becoming Resolution No. 22-455. (7) P.R. No. 22792 — A Resolution Authorizing The City Manager To Enter Into A Contract With Webb's Uniforms, LLC Of Spring, Texas, Under A BuyBoard Contract No. 587-19, For The Purchase Of Uniforms For The Fire Department, With A Projected Budgetary Impact Of $50,000. 00; Funding Available In Fire Department Account No. 001-19-047- 5251-00-30-000 Proposed Resolution No. 22792 was adopted becoming Resolution No. 22-456. (8) P.R. No. 22793 — A Resolution Authorizing The City Manager To Purchase One Pierce Fire Apparatus For The Fire Department Via The BuyBoard Cooperative Purchasing Program From Siddons-Martin Emergency Group Of Denton, Texas, With Offices In Port Arthur, Texas In The Amount Of $1,016,171.90; Funding Available In Capital Improvement Account Number 307-19-047-8523-00-10-000, Project CE0004 Proposed Resolution No. 22793 was adopted becoming Resolution No. 22-457. (9) P.R. No. 22794 — A Resolution Approving Payment With A Projected Budgetary Amount Of $45,000.00 For The Texas Commission On Environmental Quality (TCEQ) Annual Water System Permit Fee For The City Of Port Arthur, Water Utilities Department, Water Purification Division Account No. 410-40-210-5471-00-00-000, Regulatory Services Proposed Resolution No. 22794 was adopted becoming Resolution No. 22-458. (10) P.R. No. 22795 — A Resolution Approving Payment With A Projected Budgetary Amount Of $102,000.00 For The Three (3) Texas Commission On Environmental Quality (TCEQ) Annual Wastewater System Permit Fees For The City Of Port Arthur Water Utilities Department Account No. 410-40-225- 5471-00-00-000, Regulatory Fees Proposed Resolution No. 22795 was adopted becoming Resolution No. 22-459. (14) P.R. No. 22799 — A Resolution Authorizing The City Manager To Enter Into A Contract With Loftin Equipment Co. Of City Council Minutes Regular Meeting — October 11, 2022 3 Houston, Texas For Preventative Maintenance And Repair Of Backup Generators At Utility Operations Sites With An Annual Projected Budgetary Impact Of $40,000.00. Funds Are Available In Water Utilities Department Account Nos. 410-40-210-5318-00-00-000, 410-40-215-5318-00-00-000, 410-40-220-5318-00-00-000 And 410-40-225-5318-00-00- 000 (Equipment Maintenance) Proposed Resolution No. 22799 was adopted becoming Resolution No. 22-460. (15) P.R. No. 22800 — A Resolution Authorizing Payment Of Annual Service Fees For Naviline ASP To Superion LLC In The Amount Of $130,337.26. Account No. 001-09-023- 5420-00-10-000 Proposed Resolution No. 22800 was adopted becoming Resolution No. 22-461. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - Resolutions (11) P.R. No. 22796 — A Resolution Authorizing The City Manager To Purchase Two 2022 Ford F-550, Regular Cab 4x2 Flush Trucks From Kinloch Equipment & Supply Of Pasadena, Texas Through BuyBoard #601-19 For Utility Operations Department, With A Projected Budgetary Impact Of $383,563.70. Funds Are Available In Water Utilities Account No. 625-40-000-8522-00-00-000, Equipment The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Kinlaw and seconded by Councilmember Jones that Proposed Resolution No. 22796 be adopted. Utility Operations Director Calvin Matthews appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartle; Councilmembers Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22796 was adopted becoming Resolution No. 22-462. The caption of Resolution No. 22-462 reads as follows: RESOLUTION NO. 22-462 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE TWO 2022 FORD F- 550, REGULAR CAB 4X2 FLUSH TRUCKS FROM KINLOCH EQUIPMENT & SUPPLY OF PASADENA, TEXAS THROUGH BUYBOARD #601-19 FOR UTILITY OPERATIONS DEPARTMENT, WITH A PROJECTED BUDGETARY IMPACT OF $383,563.70. FUNDS ARE AVAILABLE IN WATER UTILITIES ACCOUNT NO. 625-40-000-8522-00-00-000, EQUIPMENT City Council Minutes Regular Meeting — October 11, 2022 4 (12) P.R. No. 22797 — A Resolution Authorizing The City Manager To Purchase A F-350 Pickup Truck With A Flat Bed For The Water Utilities Department From Chastang Ford Of Houston, Texas, Through BuyBoard #601-19, In The Total Amount Of $65,998.00. Funds Are Available In Equipment Account No. 625-40-000-8523-00-00-000, Equipment The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Marks that Proposed Resolution No. 22797 be adopted. Utility Operations Director Calvin Matthews appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartie; Councilmembers Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22797 was adopted becoming Resolution No. 22-463 The caption of Resolution No. 22-463 reads as follows: RESOLUTION NO. 22-463 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE A F-350 PICKUP TRUCK WITH A FLAT BED FOR THE WATER UTILITIES DEPARTMENT FROM CHASTANG FORD OF HOUSTON, TEXAS, THROUGH BUYBOARD #601-19, IN THE TOTAL AMOUNT OF $65,998.00. FUNDS ARE AVAILABLE IN EQUIPMENT ACCOUNT NO. 625-40-000-8523- 00-00-000, EQUIPMENT (13) P.R. No. 22798 — A Resolution Authorizing The City Manager To Purchase A F-550 Pickup Truck With A Dump Body For The Water Utilities Department From Chastang Ford Of Houston, Texas, Through BuyBoard #601-19 With A Projected Budgetary Impact Of $76,996.00. Funds Are Available In Equipment Account No. 625-40-000-8523-00- 00-000, Equipment The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Marks, seconded by Councilmember Jones and carried, Proposed Resolution No. 22798 was adopted becoming Resolution No. 22-464. Voting Yes: Mayor Bartie; Councilmembers Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 22-464 reads as follows: RESOLUTION NO. 22-464 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE A F-550 PICKUP TRUCK WITH A DUMP BODY FOR THE WATER City Council Minutes Regular Meeting — October 11, 2022 5 UTILITIES DEPARTMENT FROM CHASTANG FORD OF HOUSTON, TEXAS, THROUGH BUYBOARD #601-19 WITH A PROJECTED BUDGETARY IMPACT OF $76,996.00. FUNDS ARE AVAILABLE IN EQUIPMENT ACCOUNT NO. 625-40-000-8523-00-00-000, EQUIPMENT (16) P.R. No. 22806 — A Resolution Authorizing The Execution Of The First Amendment To The Industrial District Agreement Between The City Of Port Arthur, Port Arthur LNG, LLC And Its Subsidiary, PALNG Common Facilities Company, LLC The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Marks that Proposed Resolution No. 22806 be adopted. 4 Sempra Representative Jim Asay appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartle; Councilmembers Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22806 was adopted becoming Resolution No. 22-465. The caption of Resolution No. 22-465 reads as follows: RESOLUTION NO. 22-465 A RESOLUTION AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF PORT ARTHUR, PORT ARTHUR LNG, LLC AND ITS SUBSIDIARY, PALNG COMMON FACILITIES COMPANY, LLC A. Ordinances (1) P.O. No. 7102 — An Ordinance Declaring An Intent To Reimburse The City For Certain Funds Expended In Connection With The City's Funding Of Capital Equipment And Improvements To Streets, City Facilities, Pleasure Island And The Water And Sewer System From Proceeds Of Certain Certificates Of Obligation To Be Issued By The City Within One Year The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Marks, seconded Councilmember Moses and carried, Proposed Ordinance No. 7102 was adopted becoming Ordinance No. 22-73. Voting Yes: Mayor Bartie; Councilmembers Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 22-73 reads as follows: City Council Minutes Regular Meeting — October 11, 2022 6 ORDINANCE NO. 22-73 AN ORDINANCE DECLARING AN INTENT TO REIMBURSE THE CITY FOR CERTAIN FUNDS EXPENDED IN CONNECTION WITH THE CITY'S FUNDING OF CAPITAL EQUIPMENT AND IMPROVEMENTS TO STREETS, CITY FACILITIES, PLEASURE ISLAND AND THE WATER AND SEWER SYSTEM FROM PROCEEDS OF CERTAIN CERTIFICATES OF OBLIGATION TO BE ISSUED BY THE CITY WITHIN ONE YEAR IX. *CLOSED MEETING (EXECUTIVE MEETING) Closed Meeting: (1) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding Potential And/Or Pending Claims, Contracts, Litigation And Other Legal Matters Involving The City Of Port Arthur (2) Section 551.071 Government Code — Attorney Client Privilege- To Discuss A Matter In Which The Duty Of The Attorney To The Governmental Body Under The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas Clearly Conflicts With The Open Meetings Act (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City's Downtown (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City's Extraterritorial Jurisdiction/Industrial District (5) Section 551.074 Government Code — To Deliberate And Discuss The Appointment Of A Chief Executive Officer For The City Of Port Arthur Economic Development Corporation Director (6) Section 551.087 Government Code — To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect The City Council recessed their meeting at 10:47 a.m. to meet in Executive Session to consider the above-mentioned topics and reconvened their meeting at 12:13 p.m. with the following members present: Mayor Bartie; Councilmembers Jones, Kinlaw, Marks and Moses; City Manager Burton; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Duriso. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions 4 (1) P.R. No. 22791 — A Resolution Approving An Agreement 4 With Terry Stokes For Professional Services & Employment As Chief Executive Officer Of The City Of Port Arthur Section 4A Economic Development Corporation City Council Minutes Regular Meeting — October 11, 2022 7 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Marks that Proposed Resolution No. 22791 be adopted. Upon the motion of Councilmember Moses, seconded by Councilmember Jones and carried Proposed Resolution No. 22791 was amended. By amending Section I. severance up to 6 months adding 1 month severance per year of service. Voting Yes: Mayor Bartie; Councilmembers Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22791 was adopted, as amended, becoming Resolution No. 22-466. The caption of Resolution No. 22-466 reads as follows: RESOLUTION NO. 22-466 A RESOLUTION APPROVING AN AGREEMENT WITH TERRY STOKES FOR PROFESSIONAL SERVICES & EMPLOYMENT AS CHIEF EXECUTIVE OFFICER OF THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION X. ADJOURNMENT OF MEETING Upon the motion by Councilmember Moses, seconded by Councilmember Jones and carried unanimously, the City Council adjourned their meeting at 12:18 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 October 11, 2022. APPROVED: City Council Minutes Regular Meeting — October 11, 2022 8