HomeMy WebLinkAbout(7) MAY 17, 2016 REGULAR MEETING REGULAR MEETING — May 17, 2016
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Moses 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, May 17,
2016 at 8:37 a.m. in the City Council Chamber, City Hall, with the following members
present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tern Kaprina Frank; Councilmembers
Tiffany Hamilton, Morris Albright, III., Keith Richard, Willie "Bae" Lewis, Jr., Osman
Swati and Charlotte M. Moses; City Manager Brian McDougal, City Secretary Sherri
Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Mark
Blanton.
Councilmember Raymond Scott, Jr. joined the Regular Meeting at 8:41 a.m.
II. PROCLAMATIONS & MINUTES
Proclamations - None
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Dan W. Hardin, Regarding Smoking Ban
Dan Hardin, 2663 61st Street, Port Arthur, Texas appeared before the City Council to
discuss the above-mentioned topic.
(2) Linda Richardson, Regarding No Smoking Ordinance
Linda Richardson, 402 Alder Street, Orange, Texas appeared before the City Council to
discuss the above-mentioned topic.
(3) Shana Provost, Regarding City Smoking Ban
Shana Provost, 3416 Memphis Avenue, Nederland, Texas appeared before the City
Council to discuss the above-mentioned topic.
(4) Betty Nectoux, Regarding Smoking Ban That Includes
Private Clubs
Betty Nectoux, 4103 Sleepy Hollow, Port Arthur, Texas appeared before the City Council
to discuss the above-mentioned topic.
(5) Jeff Childs, Regarding Smoking Ordinance
Jeff Childs, 711 Ridgewood #45, Port Neches, Texas appeared before the City Council
to discuss the above-mentioned topic.
(6) Kim DeJohn, Regarding Smoke-Free Air Ordinance
Kim DeJohn, 2748 Bridle Path Drive, Port Arthur, Texas appeared before the City
Council to discuss the above-mentioned topic.
(7) Lori Kleypas, Regarding Smoke-Free Air Ordinance
Lori Kleypas, 2748 Bridle Path Drive, Port Arthur, Texas appeared before the City
Council to discuss the above-mentioned topic.
(8) Clay A. Roy, Regarding Smoke Free Air Ordinance
Clay Roy, 515 W. 14th Street, Port Arthur, Texas appeared before the City Council to
discuss the above-mentioned topic.
(9) Michelle "Honey" Hamilton / Dr. Levy Barnes, Regarding
Smoke Free Air Ordinance
Michelle Hamilton, 1800 Becker Place, Port Arthur, Texas appeared before the City
Council to discuss the above-mentioned topic.
Dr. Levy, 3741 Avalon Avenue, Port Arthur, Texas appeared before the City Council to
discuss the above-mentioned topic.
(10) Norma Sampson, Regarding Smoke Free Air Ordinance
Norma Sampson, 2360 Dowlen Road, Beaumont, Texas appeared before the City
Council to discuss the above-mentioned topic.
A. Presentations
(1) Darlene Thomas-Pierre, Acting Director Of Code
Compliance Regarding Ike Round 2.2 Residential
Demolition Only Project (Substantial Completion)
Acting Director of Code Compliance Darlene Thomas-Pierre gave the above-mentioned
presentation.
C. Employee Recognition - None
D. Correspondence - None
IV. PUBLIC HEARINGS — 9:00 AM - None
V. UNFINISHED BUSINESS - None
VI. CONSENT AGENDA
The motion was made by Councilmember Hamilton seconded by Mayor Pro Tem Frank
that the following Consent Agenda items be adopted with the exception of Proposed
Resolutions No. 19390, 19361, 19378 and 19385:
The following roll call vote was taken on the motion to adopt the Consent Agenda:
Councilmember Albright "Yes"
Mayor Pro Tern Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
Councilmember Moses "Yes"
Councilmember Scott "Yes"
Councilmember Swati "Yes"
Mayor Prince "Yes"
A. Resolutions — Consent
(1) P.R. No. 19357 — A Resolution Authorizing The Third And
Final Year Of The Contract For The Purchase Of Resilient
Seat Valves, For The Utility Operations Department With
MDN Enterprises Of New Caney, Texas, With A Projected
Budgetary Impact Of $126,887.98. Funds Are Available In
Account No. 410-1253-532.35-00 & 410-1255-532.33-00
Proposed Resolution No. 19357 was adopted becoming Resolution No. 16-131.
City Council Minutes 2
Regular Meeting — May 17, 2016
(3) P.R. No. 19371 — A Resolution Authorizing Acceptance Of
The Contractor's Certificate Of Guarantee And Contractor's
Certificate And Release For The Sanitary Sewer Rehab By
Pipe Bursting Methods At Brinkman Drive, And Authorizing
The City Manager To Sign The Certificate Of Acceptance On
Behalf Of The City Of Port Arthur, Texas, And Approval Of
Final Payment (5% Retainage Fee) In The Amount Of
$4,149.40; Account No. 427-1626-532.85-00
Proposed Resolution No. 19371 was adopted becoming Resolution No. 16-132.
(4) P.R. No. 19374 — A Resolution Approving Closing The
Economic Incentive Contract & Loan Agreement Between
MPW Industrial Water Services, Inc., And The City Of Port
Arthur Section 4A Economic Development Corporation
Proposed Resolution No. 19374 was adopted becoming Resolution No. 16-133.
(6) P.R. No. 19382 — A Resolution Authorizing The City
Manager To Make Payments For Quarterly Fees For Landfill
Disposal To The Texas Commission On Environmental
Quality (TCEQ) With A Projected Budgetary Impact Of
$140,000.00. Funding Is Available In Account No. 403-
1274-533.59-01, Public Works Landfill Division —
Regulatory Fees/Fines
Proposed Resolution No. 19382 was adopted becoming Resolution No. 16-134.
(8) P.R. No. 19389 — A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
Proposed Resolution No. 19389 was adopted becoming Resolution No. 16-135.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
Consent - Resolutions
(2) P.R. No. 19361 — A Resolution Authorizing The City
Manager To Execute Change Order No. 3 To The Contract
Between The City Of Port Arthur And ALLCO, LLC, Of
Beaumont, Texas, For Project 4, Phase I Surface Water
Treatment Plant Improvements, Increasing The Amount By
$221,082.00, To A New Total Of $12,825,269.64, And The
Contract Time By 75 Days For Additional Work, To A New
Contract Completion Date Of June 29, 2016, Account No.
429-1258-532.59-00, Project No. WSI008
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tem Frank and seconded by Councilmember
Hamilton that Proposed Resolution No. 19361 be adopted.
Assistant City Manager Dr. Jimmy Johnson appeared before the City Council to answer
inquiries regarding the above-mentioned change order.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
19361:
Councilmember Albright "Yes"
Mayor Pro Tern Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
Councilmember Moses "Yes"
City Council Minutes 3
Regular Meeting — May 17, 2016
Councilmember Scott "Yes"
Councilmember Swati "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 19361 was adopted becoming Resolution No. 16-136.
The caption of Resolution No. 16-136 reads as follows:
RESOLUTION NO. 16-136
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE CHANGE ORDER NO. 3
TO THE CONTRACT BETWEEN THE CITY OF
PORT ARTHUR AND ALLCO, LLC, OF BEAUMONT,
TEXAS, FOR PROJECT 4, PHASE I SURFACE
WATER TREATMENT PLANT IMPROVEMENTS,
INCREASING THE AMOUNT BY $221,082.00, TO
A NEW TOTAL OF $12,825,269.64, AND THE
CONTRACT TIME BY 75 DAYS FOR ADDITIONAL
WORK, TO A NEW CONTRACT COMPLETION
DATE OF JUNE 29, 2016, ACCOUNT NO. 429-
1258-532.59-00, PROJECT NO. WSI008
(5) P.R. No. 19378 — A Resolution Authorizing The City
Manager To Execute Change Order No. 1 Between The City
Of Port Arthur And ALLCO, LLC, Of Beaumont, Texas, For
The Pleasure Island 24" Water Transmission Line From
M.L.K. Bridge To Walter Umphrey State Park, Decreasing
The Contract Amount By $694,181.28, To A New Total Of
$11,684,391.32
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Lewis and seconded by Mayor Pro Tern Frank
that Proposed Resolution No. 19378 be adopted.
Assistant City Manager Dr. Jimmy Johnson appeared before the City Council to answer
inquiries regarding the above-mentioned change order.
Arceneaux, Wilson and Cole Representative Joe Wilson appeared before the City Council
to answer inquiries regarding the above-mentioned change order.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
19378:
Councilmember Albright "Yes"
Mayor Pro Tern Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
Councilmember Moses "Yes"
Councilmember Scott "Yes"
Councilmember Swati "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 19378 was adopted becoming Resolution No. 16-137.
The caption of Resolution No. 16-137 reads as follows:
RESOLUTION NO. 16-137
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE CHANGE ORDER NO. 1
BETWEEN THE CITY OF PORT ARTHUR AND
City Council Minutes 4
Regular Meeting — May 17, 2016
ALLCO, LLC, OF BEAUMONT, TEXAS, FOR THE
PLEASURE ISLAND 24" WATER TRANSMISSION
LINE FROM M.L.K. BRIDGE TO WALTER
UMPHREY STATE PARK, DECREASING THE
CONTRACT AMOUNT BY $694,181.28, TO A
NEW TOTAL OF $11,684,391.32
(7) P.R. No. 19385 — A Resolution Rescinding Resolution No.
16-115 In Its Entirety As It Pertains To A Contract For The
Highway 365 Sanitary Sewer Line Replacement For The
Utility Operations Department With MK Constructors
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Moses and seconded by Councilmember
Lewis that Proposed Resolution No. 19385 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
19385:
Councilmember Albright "Yes"
Mayor Pro Tem Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
Councilmember Moses "Yes"
Councilmember Scott "Yes"
Councilmember Swati "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 19385 was adopted becoming Resolution No. 16-138.
The caption of Resolution No. 16-138 reads as follows:
RESOLUTION NO. 16-138
A RESOLUTION RESCINDING RESOLUTION NO.
16-115 IN ITS ENTIRETY AS IT PERTAINS TO A
CONTRACT FOR THE HIGHWAY 365 SANITARY
SEWER LINE REPLACEMENT FOR THE UTILITY
OPERATIONS DEPARTMENT WITH MK
CONSTRUCTORS
(9) P.R. No. 19390 — A Resolution Authorizing Acceptance Of
The Engineer's Certificate Of Completion, Contractor's
Certificate And Release And Contractor's Certificate Of
Guarantee For The Highway 87 Water System
Improvements From Keith Lake To Sabine Pass Standpipe
Project And Authorizing The City Manager To Sign The
Certificate Of Acceptance On Behalf Of The City Of Port
Arthur, Texas, And Approval Of Final Payment In The
Amount Of $165,120.98, Account No. 429-1258-532.59-00,
Project WSI002
The Mayor introduced the above-mentioned Proposed Resolution.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
19390:
Councilmember Albright "Yes"
Mayor Pro Tern Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
City Council Minutes 5
Regular Meeting — May 17, 2016
Councilmember Moses "Yes"
Councilmember Scott "Yes"
Councilmember Swati "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 19390 was adopted becoming Resolution No. 16-139.
The caption of Resolution No. 16-139 reads as follows:
RESOLUTION NO. 16-139
A RESOLUTION AUTHORIZING ACCEPTANCE OF
THE ENGINEER'S CERTIFICATE OF
COMPLETION, CONTRACTOR'S CERTIFICATE
AND RELEASE AND CONTRACTOR'S
CERTIFICATE OF GUARANTEE FOR THE
HIGHWAY 87 WATER SYSTEM IMPROVEMENTS
FROM KEITH LAKE TO SABINE PASS STANDPIPE
PROJECT AND AUTHORIZING THE CITY
MANAGER TO SIGN THE CERTIFICATE OF
ACCEPTANCE ON BEHALF OF THE CITY OF PORT
ARTHUR, TEXAS, AND APPROVAL OF FINAL
PAYMENT IN THE AMOUNT OF $165,120.98,
ACCOUNT NO. 429-1258-532.59-00, PROJECT
WSI002
A. Resolutions
(1) P.R. No. 19391 — A Resolution Appointing And/Or
Reappointing A Member Or Members To The Beautification
Commission (Requested By Councilmember Hamilton)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tern Frank and seconded by Councilmember Swati
that Proposed Resolution No. 19391 be adopted.
Councilmember Hamilton nominated Kim DeJohn and Lori Ceypass for appointment to
the Beautification Commission.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
19391:
Councilmember Albright "Yes"
Mayor Pro Tem Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Richard "Yes"
Councilmember Scott "Yes"
Councilmember Swati "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 19391 was adopted becoming Resolution No. 16-140.
The caption of Resolution No. 16-140 reads as follows:
RESOLUTION NO. 16-140
A RESOLUTION APPOINTING AND/OR
REAPPOINTING A MEMBER OR MEMBERS TO
THE BEAUTIFICATION COMMISSION
(REQUESTED BY COUNCILMEMBER HAMILTON)
City Council Minutes 6
Regular Meeting — May 17, 2016
(2) P.R. No. 19342 — A Resolution Documenting That Pursuant
To The Amendment Of Section 9 Of Article II Of The City
Charter Approved At The May 2, 1992 City Election In The
City Of Port Arthur, Texas, District 1 Councilmember Shall
Serve As Mayor Pro Tern And Shall Act As Mayor During The
Absence Or Disability Of The Mayor And Shall Serve As
Mayor Pro Tem Until The Next Regular Election Of
Councilmembers
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Lewis and seconded by Councilmember
Albright that Proposed Resolution No. 19342 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
19342:
Councilmember Albright "Yes"
Mayor Pro Tern Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
Councilmember Moses "Yes"
Councilmember Scott "Yes"
Councilmember Swati "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 19342 was adopted becoming Resolution No. 16-141.
The caption of Resolution No. 16-141 reads as follows:
RESOLUTION NO. 16-141
A RESOLUTION DOCUMENTING THAT
PURSUANT TO THE AMENDMENT OF SECTION 9
OF ARTICLE II OF THE CITY CHARTER
APPROVED AT THE MAY 2, 1992 CITY
ELECTION IN THE CITY OF PORT ARTHUR,
TEXAS, DISTRICT 1 COUNCILMEMBER SHALL
SERVE AS MAYOR PRO TEM AND SHALL ACT AS
MAYOR DURING THE ABSENCE OR DISABILITY
OF THE MAYOR AND SHALL SERVE AS MAYOR
PRO TEM UNTIL THE NEXT REGULAR ELECTION
OF COUNCILMEMBERS
B. Ordinances
(1) P.O. No. 6552 — An Ordinance Canvassing The Returns And
Declaring The Results Of The General And Special Elections,
Held On May 7, 2016 For The Purpose Of Electing A Mayor,
And Declaring The Results Of A Special Election To Submit
A Proposition Regarding The Implementation Of A Street
Maintenance Sales Tax Election, And To Submit A
Proposition To Determine Whether The Existing Type A
Sales Tax Shall Be Utilized For Various Categories Of
Projects Authorized For Type B Corporations Pursuant To
Chapter 505 Of The Texas Local Government Code.
Providing For The Publication Of The Election Notice,
Ordering A Runoff Election For June 25, 2016, And
Providing For Publication Of The Election Order
Una Ordenanza De Escrutinio De Las Devoluciones Y
Declarando Los Resultados De Las Elecciones Generales Y
Especiales, El 7 De Mayo 2016, Para El Proposito De Elegir
City Council Minutes 7
Regular Meeting — May 17, 2016
Un Alcalde, Y Declarando Los Resultados De Una Eleccion
Especial Para Someter Una Propuesta En Relacion Con La
Implementacion De Una Eleccion De Mantenimiento De La
Calle De Impuestos De Venta Y Para Someter Una
Propuesta Para Determinar Si El Tipo Existente De
Impuesto Sobre Ventas Se Debe De Utilizar Para Las
Diversas Categorias De Proyectos Autorizados De Empresas
Tipo B Conforme Al Capitulo 505 Del Codigo De Gobierno
Local De Texas. Se Dispone La Publicacion De La
Notificacion De La Eleccion, Ordenando Una Segunda
Vuelta Para El 25 De Junio De 2016, Y Modo De Publicacion
De La Orden De Eleccion
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Scott and seconded by Councilmember Moses
that Proposed Ordinance No. 6552 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
6552:
Councilmember Albright "Yes"
Mayor Pro Tem Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
Councilmember Moses "Yes"
Councilmember Scott "Yes"
Councilmember Swati "Yes"
Mayor Prince "Yes"
Proposed Ordinance No. 6552 was adopted becoming Ordinance No. 16-35.
The caption of Ordinance No. 16-35 reads as follows:
ORDINANCE NO. 16-35
AN ORDINANCE CANVASSING THE RETURNS
AND DECLARING THE RESULTS OF THE
GENERAL AND SPECIAL ELECTIONS, HELD ON
MAY 7, 2016 FOR THE PURPOSE OF ELECTING
A MAYOR, AND DECLARING THE RESULTS OF A
SPECIAL ELECTION TO SUBMIT A
PROPOSITION REGARDING THE
IMPLEMENTATION OF A STREET
MAINTENANCE SALES TAX ELECTION, AND TO
SUBMIT A PROPOSITION TO DETERMINE
WHETHER THE EXISTING TYPE A SALES TAX
SHALL BE UTILIZED FOR VARIOUS
CATEGORIES OF PROJECTS AUTHORIZED FOR
TYPE B CORPORATIONS PURSUANT TO
CHAPTER 505 OF THE TEXAS LOCAL
GOVERNMENT CODE. PROVIDING FOR THE
PUBLICATION OF THE ELECTION NOTICE,
ORDERING A RUNOFF ELECTION FOR JUNE 25,
2016, AND PROVIDING FOR PUBLICATION OF
THE ELECTION ORDER
UNA ORDENANZA DE ESCRUTINIO DE LAS
DEVOLUCIONES Y DECLARANDO LOS
RESULTADOS DE LAS ELECCIONES GENERALES
Y ESPECIALES, EL 7 DE MAYO 2016, PARA EL
PROPOSITO DE ELEGIR UN ALCALDE, Y
DECLARANDO LOS RESULTADOS DE UNA
City Council Minutes 8
Regular Meeting — May 17, 2016
ELECCION ESPECIAL PARA SOMETER UNA
PROPUESTA EN RELACION CON LA
IMPLEMENTACION DE UNA ELECCION DE
MANTENIMIENTO DE LA CALLE DE IMPUESTOS
DE VENTA Y PARA SOMETER UNA PROPUESTA
PARA DETERMINAR SI EL TIPO EXISTENTE DE
IMPUESTO SOBRE VENTAS SE DEBE DE
UTILIZAR PARA LAS DIVERSAS CATEGORIAS
DE PROYECTOS AUTORIZADOS DE EMPRESAS
TIPO B CONFORME AL CAPITULO 505 DEL
CODIGO DE GOBIERNO LOCAL DE TEXAS. SE
DISPONE LA PUBLICACION DE LA
NOTIFICACION DE LA ELECCION, ORDENANDO
UNA SEGUNDA VUELTA PARA EL 25 DE JUNIO
DE 2016, Y MODO DE PUBLICACION DE LA
ORDEN DE ELECCION
VIII. SWEARING IN OF MAYOR PRO TEM
The City Secretary Administered the Oath and Statement to Councilmember Raymond
Scott, Jr.
IX. * CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting:
(1) Section 551.071 Government Code — To Discuss With The
City Attorney Potential Litigation Regarding The Sabine
Neches Waterway Direct Pipe Project
(2) Section 551.074 Government Code — To Discuss The Duties
And Responsibilities Of The City Manager
(3) Section 551.074 Government Code — To Discuss The Duties
And Responsibilities Of The City Attorney
(4) Section 551.074 Government Code — To Discuss The Duties
And Responsibilities Of The City Secretary
(5) Section 551.074 Government Code — To Discuss The Duties
And Responsibilities Of The Municipal Court Judge
The City Council recessed their meeting at 10:17 a.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 12:06 p.m. with
the following members present: Mayor Prince; Mayor Pro Tern Scott; Councilmembers
Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank; City Manager McDougal;
City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Blanton.
X. WORKSHOP
(1) To Discuss the following items:
• Port Arthur Downtown Revitalization Plan
• Port Arthur Comprehensive Plan
• RESTORE! Funding (Texas Gulf Coast Region Grant
Funding Opportunity)
Community and Development Services Director Ron Burton appeared before the City
Council to answer inquiries regarding the above-mentioned items.
XI. ADJOURNMENT OF MEETING
Upon the motion by Councilmember Frank, seconded by Councilmember Moses and
carried unanimously, the City Council adjourned their meeting 12:40 p.m.
City Council Minutes 9
Regular Meeting — May 17, 2016
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 DELORIS "BOBBIE" PRINCE
ATTEST:
CITY SECRETARY SHERRI BELLARD
END OF REGULAR MEETING HELD May 17, 2016.
APPROVED .
City Council Minutes I 0
Regular Meeting — May 17, 2016