HomeMy WebLinkAbout(01) MAY 3, 2016 REGULAR MEETING REGULAR MEETING — May 3, 2016
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Richard 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 3,
2016 at 8:35 a.m. in the City Council Chamber, City Hall, with the following members
present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Kaprina Frank; Councilmembers
Raymond Scott, Jr., 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.
II. PROCLAMATIONS & MINUTES
Proclamations
The Mayor issued the following Proclamations
May 2016 as "National Mental Health Month"
May 2016 as "Elder Abuse Prevention Month"
May 1 - 7, 2016 as "National Tourism Week"
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Warren Field Regarding City Surface Water Run-Offs
Warren Field, 1147 60th Street, appeared before the City Council to discuss the above-
mentioned topic.
The chair deemed Mr. Field out of order and he was removed from the meeting.
(2) Jeffrey P. Childs Regarding Private Club Businesses /
Smoking Ordinance
Jeffery Childs, 711 Ridgewood #45, Port Neches, Texas appeared before the City
Council to discuss the above-mentioned topic.
B. Presentations - None
C. Employee Recognition - None
D. Correspondence - None
IV. PUBLIC HEARINGS — 9:00 AM - None
V. UNFINISHED BUSINESS - None
VII. ITEMS REQUIRING INDIVIDUAL ACTION
(7) P.R. No. 19380 — A Resolution Authorizing The City
Manager To Enter Into Contract With N&T Construction Of
Port Arthur, Texas For Improvements To The Pavilion And
People's Park In The Amount Of $832,500.00. Funds
Available In PAEDC Account No. 120-1429-582.59-05-4B
In The Amount Of $600,000.00; City Match Of
$362,800.00; And A $10,000.00 Contribution From The
Port Arthur Mardi Gras Planning Committee. This Project
Also Includes Funds For A 10% Contingency Making The
Total Cost $972,800.00
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Lewis and seconded by Councilmember
Moses that Proposed Resolution No. 19380 be adopted.
Finance Director Jerry Dale appeared before the City Council to answer inquiries
regarding the above-mentioned contract.
Don Labiche appeared before the City Council to answer inquiries regarding the
above-mentioned contract.
The following roll call vote was taken on the motion to adopt Proposed
Resolution No. 19380:
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. 19380 was adopted becoming Resolution No. 16-121.
The caption of Resolution No. 16-121 reads as follows:
RESOLUTION NO. 16-121
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO CONTRACT WITH
N&T CONSTRUCTION OF PORT ARTHUR, TEXAS
FOR IMPROVEMENTS TO THE PAVILION AND
PEOPLE'S PARK IN THE AMOUNT OF
$832,500.00. FUNDS AVAILABLE IN PAEDC
ACCOUNT NO. 120-1429-582.59-05-4B IN THE
AMOUNT OF $600,000.00; CITY MATCH OF
$362,800.00; AND A $10,000.00
CONTRIBUTION FROM THE PORT ARTHUR
MARDI GRAS PLANNING COMMITTEE. THIS
PROJECT ALSO INCLUDES FUNDS FOR A 10%
CONTINGENCY MAKING THE TOTAL COST
$972,800.00
(1) P.O. No. 6550 — An Appropriation Ordinance Amending The
City Of Port Arthur Budget For The Fiscal Year Beginning
October 1, 2015 And Ending September 30, 2016 By
$372,800.00 To Fund A 4B Development Project For
People's Park And Capital Improvement Project,
Increasing Transfers-Out Of The General Liability
Insurance Fund By $362,800.00 Into The Economic
Development Corporation Fund, Recognizing A
Contribution From The Mardi Gras Planning Committee In
The Amount Of $10,000.00; For The Funding Of The
Contract For Architectural Professional Services In The
Amount Of $972,800.00 With $600,000.00 Appropriated In
The Economic Development Corporation Fund 4B
The Mayor introduced the above-mentioned Proposed Resolution.
City Council Minutes 2
Regular Meeting — May 3, 2016
The motion was made by Councilmember Albright and seconded by Mayor Pro
Tern Frank that Proposed Ordinance No. 6550 be adopted.
The following roll call vote was taken on the motion to adopt Proposed
Ordinance No. 6550:
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. 6550 was adopted becoming Ordinance No. 16-34.
The caption of Ordinance No. 16-34 reads as follows:
ORDINANCE NO. 16-34
AN APPROPRIATION ORDINANCE AMENDING
THE CITY OF PORT ARTHUR BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2015
AND ENDING SEPTEMBER 30, 2016 BY
$372,800.00 TO FUND A 4B DEVELOPMENT
PROJECT FOR PEOPLE'S PARK AND CAPITAL
IMPROVEMENT PROJECT, INCREASING
TRANSFERS-OUT OF THE GENERAL LIABILITY
INSURANCE FUND BY $362,800.00 INTO THE
ECONOMIC DEVELOPMENT CORPORATION
FUND, RECOGNIZING A CONTRIBUTION FROM
THE MARDI GRAS PLANNING COMMITTEE IN
THE AMOUNT OF $10,000.00; FOR THE
FUNDING OF THE CONTRACT FOR
ARCHITECTURAL PROFESSIONAL SERVICES IN
THE AMOUNT OF $972,800.00 WITH
$600,000.00 APPROPRIATED IN THE
ECONOMIC DEVELOPMENT CORPORATION
FUND 4B
VIII. * CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting:
(1) Section 551.072 Government Code — To Discuss The Value
Of The Land Located On A Portion of Land Referred To As
"Old Canal R.O.W."
(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 9:33 a.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 11:33 a.m. with
City Council Minutes 3
Regular Meeting — May 3, 2016
the following members present: Mayor Prince; Mayor Pro Tern Frank; Councilmembers
Scott, Hamilton, Richard and Lewis; City Manager McDougal; City Secretary Bellard; City
Attorney Tizeno and Sergeant At Arms Chief Blanton.
VI. CONSENT AGENDA
The motion was made by Mayor Pro Tem Frank seconded by Councilmember Hamilton
that the following Consent Agenda items be adopted with the exception of Proposed
Resolutions No. 19359 and 19363:
The following roll call vote was taken on the motion to adopt the Consent Agenda:
Mayor Pro Tern Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
Councilmember Scott "Yes"
Mayor Prince "Yes"
A. Expense Reports
(A1) Mayor Deloris Prince:
The South East Texas Regional Planning Commission
Meeting
Beaumont, TX
April 20, 2016 $26.35
B. Resolutions — Consent
(3) P.R. No. 19365 — A Resolution Authorizing The Police Chief
And Fire Chief To Apply For The 2016 Port Security Grant
Proposed Resolution No. 19365 was adopted becoming Resolution No. 16-122.
(4) P.R. No. 19366 — A Resolution Authorizing The City
Manager To Enter Into A Contract With Southern Counties
Oil Company, A California Limited Partnership DBA SC Fuels
Of Orange, California, For The Purchase Of Ultra Low Sulfur
Diesel Fuel, With An Estimated Budgetary Impact Of
$350,000.00. Funding Is Available In Transit Account
Numbers: 401-1501-561.24-00 And 401-1506-561.24-00
Proposed Resolution No. 19366 was adopted becoming Resolution No. 16-123.
(5) P.R. No. 19369 — A Resolution Approving The FY 2016
Contract Between The City Of Port Arthur And The Texas
Health And Human Services Commission Not To Exceed The
Amount Of $140,000.00
Proposed Resolution No. 19369 was adopted becoming Resolution No. 16-124
(6) P.R. No. 19379 — A Resolution Authorizing The Amendment
To The Contract From BKD, LLP Of Houston, In The Total
Amount Of $30,311.99 For Completion Of Phase One Of
Forensic Audit. Funding Available In Account No. 001-
1031-515-54-00
Proposed Resolution No. 19379 was adopted becoming Resolution No. 16-125.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
Consent - Resolutions
City Council Minutes 4
Regular Meeting — May 3, 2016
(1) P.R. No. 19359 — A Resolution Authorizing The Execution
Of A Contract For The Construction Of The Landfill North
Detention Basin Between The City Of Port Arthur And
SWAT, Inc., Of Winnie, Texas, In The Amount Of
$977,352.00. Funds Are Available In Account No. 403-
1274-533.59-02
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Hamilton and seconded by Mayor Pro Tem
Frank that Proposed Resolution No. 19359 be adopted.
Councilmembers Albright and Swati returned to the Regular Meeting.
Assistant City Manager Dr. Jimmy Johnson appeared before the City Council to answer
inquiries regarding the above-mentioned contract.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
19359:
Councilmember Albright "Yes"
Mayor Pro Tem Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
Councilmember Scott "Yes"
Councilmember Swati "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 19359 was adopted becoming Resolution No. 16-126.
The caption of Resolution No. 16-126 reads as follows:
RESOLUTION NO. 16-126
A RESOLUTION AUTHORIZING THE EXECUTION
OF A CONTRACT FOR THE CONSTRUCTION OF
THE LANDFILL NORTH DETENTION BASIN
BETWEEN THE CITY OF PORT ARTHUR AND
SWAT, INC., OF WINNIE, TEXAS, IN THE
AMOUNT OF $977,352.00. FUNDS ARE
AVAILABLE IN ACCOUNT NO. 403-1274-533.59-
02
(2) P.R. No. 19363 — A Resolution Authorizing The City
Manager To Execute A Contract Between The City Of
Port Arthur And Sprint Waste Services Of Port Arthur,
Texas, For Leachate Hauling At The City Landfill For A
Fee Of $70.00 Per Hour, With A Projected Budgetary
Impact Of $100,000.00 For This Year, With The
Subsequent Two Year Rate Adjusted According To
The Consumer Price Index Category
"Transportation". Account No. 403-1274-533.59-00,
Public Works Landfill Division — Equipment Rental
The Mayor introduced the above-mentioned
Proposed Resolution.
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. 19363 be adopted.
City Council Minutes 5
Regular Meeting — May 3, 2016
Assistant City Manager Dr. Jimmy Johnson appeared before the City Council to answer
inquiries regarding the above-mentioned contract.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
19363:
Councilmember Albright "Yes"
Mayor Pro Tem Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
Councilmember Scott "Yes"
Councilmember Swati "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 19363 was adopted becoming Resolution No. 16-127.
The caption of Resolution No. 16-127 reads as follows:
RESOLUTION NO. 16-127
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN
THE CITY OF PORT ARTHUR AND SPRINT
WASTE SERVICES OF PORT ARTHUR, TEXAS,
FOR LEACHATE HAULING AT THE CITY
LANDFILL FOR A FEE OF $70.00 PER HOUR,
WITH A PROJECTED BUDGETARY IMPACT OF
$100,000.00 FOR THIS YEAR, WITH THE
SUBSEQUENT TWO YEAR RATE ADJUSTED
ACCORDING TO THE CONSUMER PRICE INDEX
CATEGORY "TRANSPORTATION". ACCOUNT NO.
403-1274-533.59-00, PUBLIC WORKS LANDFILL
DIVISION — EQUIPMENT RENTAL THE MAYOR
INTRODUCED THE ABOVE-MENTIONED
PROPOSED RESOLUTION.
A. Resolutions
(1) P.R. No. 19284 — A Resolution As It Pertains To A
Consultant Agreement With Griffith, Moseley, Johnson &
Associates, Inc., For Professional Consulting Services
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Swati and seconded by Mayor Pro Tem Frank
that Proposed Resolution No. 19284 be adopted.
The City Manager requested that Proposed Resolution No. 19284 be removed from the
agenda.
The motion was made by Councilmember Hamilton and seconded by Mayor Pro Tem
Frank that Proposed Resolution No. 19284 be removed from the agenda.
The following roll call vote was taken on the motion to remove Proposed Resolution No.
19284:
Councilmember Albright "Yes"
Mayor Pro Tem Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
Councilmember Scott "Yes"
Councilmember Swati "Yes"
City Council Minutes 6
Regular Meeting — May 3, 2016
Mayor Prince "Yes"
Proposed Resolution No. 19284 was removed from the agenda.
(2) P.R. No. 19375 — A Resolution For The City Council To
Review Charter For Proposed Charter Amendments
(Requested By Councilmembers Hamilton And Swati)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tem Frank and seconded by Councilmember Swati
that Proposed Resolution No. 19375 be adopted.
Councilmember Albright made the following statement for the record:
I am one that is never excited about opening up the Charter. I also
believe you do not open up the Charter until your staff has a bunch of
changes that are mandated through different agencies, government
entities that say; there has been a bunch of changes and everything else
and staff recommends when it is time to open up the Charter. I am of firm
belief of that, that you don't open it up for political reasons.
Now, that being said, as far as doing a series of workshops on the Charter
I am fine with that. But you also have to understand if you want to do the
full Charter you are getting into building codes, fire codes, more codes
and stuff that you can shake a stick at. You are going to have to pick your
poison or else it is not going to be five meetings you can go to the end of
time with as much stuff that is truly in the Charter.
Now that being said, and from listening to everybody I would like to make
an amendment to the resolution, and that is a resolution for the City
Council to hold a series of workshops to review the Charter.
Councilmember Albright held his motion to amend Proposed Resolution No. 19375 for
further discussion.
Councilmember Hamilton made the following statement for the record:
I want to make sure I am being very clear that my request has been for a
review with possible change, possible amendments. Until we review we do
not know if there is an opportunity for us to want amendments. So, Val
thank you for writing this, I know that you understood what I meant and
if it was a typo or we miss-worded it then I know it was not because you
did not understand what I was asking for.
The motion was made Councilmember Albright and seconded by Mayor Pro Tem Frank
that Proposed Resolution No. 19375 be amended to read as follows:
A resolution for the City Council to hold a series of workshops to review
the Charter.
The following roll call vote was taken on the motion to amend Proposed Resolution No.
19375:
Councilmember Albright "Yes"
Mayor Pro Tem Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
Councilmember Scott "Yes"
Councilmember Swati "Yes"
Mayor Prince "Yes"
The motion to amend Proposed Resolution No. 19375 carried.
City Council Minutes 7
Regular Meeting — May 3, 2016
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
19375, as amended:
Councilmember Albright "Yes"
Mayor Pro Tern Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
Councilmember Scott "Yes"
Councilmember Swati "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 19375 was adopted becoming Resolution No. 16-128.
The caption of Resolution No. 16-128 reads as follows:
RESOLUTION NO. 16-128
A RESOLUTION FOR THE CITY COUNCIL TO
REVIEW CHARTER FOR PROPOSED CHARTER
AMENDMENTS (REQUESTED BY
COUNCILMEMBERS HAMILTON AND SWATI)
(3) P.R. No. 19376 — A Resolution Pertaining To An Agreement
Between The City Of Port Arthur And The Parker Law Firm.
Funding Available In Account No. 001-1003-512.59-00,
Project No. M97913 The Mayor introduced the above-
mentioned Proposed Resolution.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tern Frank and seconded by Councilmember
Hamilton that Proposed Resolution No. 19376 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
19376:
Councilmember Albright "Yes"
Mayor Pro Tem Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
Councilmember Scott "Yes"
Councilmember Swati "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 19376 was adopted becoming Resolution No. 16-130.
The caption of Resolution No. 16-130 reads as follows:
RESOLUTION NO. 16-130
A RESOLUTION PERTAINING TO AN
AGREEMENT BETWEEN THE CITY OF PORT
ARTHUR AND THE PARKER LAW FIRM.
FUNDING AVAILABLE IN ACCOUNT NO. 001-
1003-512.59-00, PROJECT NO. M97913 THE
MAYOR INTRODUCED THE ABOVE-MENTIONED
PROPOSED RESOLUTION.
(4) P.R. No. 19377 — A Resolution Nominating A Member To
The Board Of Directors Of The Jefferson County Appraisal
District For The Remaining Portion Of The 2016 — 2017
Term, Due To A Vacancy
City Council Minutes 8
Regular Meeting — May 3, 2016
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Hamilton and seconded by Mayor Pro Tern
Frank that Proposed Resolution No. 19377.
Councilmember Albright nominated Burt Lampson for the position of Member to the
Board of Director of the Jefferson County Appraisal District.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
19377:
Councilmember Albright "Yes"
Mayor Pro Tern Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Richard "Yes"
Councilmember Scott "Yes"
Councilmember Swati "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 19377 was adopted becoming Resolution No. 16-130.
The caption of Resolution No. 16-130 reads as follows:
RESOLUTION NO. 16-130
A RESOLUTION NOMINATING A MEMBER TO
THE BOARD OF DIRECTORS OF THE JEFFERSON
COUNTY APPRAISAL DISTRICT FOR THE
REMAINING PORTION OF THE 2016 — 2017
TERM, DUE TO A VACANCY
IX. ADJOURNMENT OF MEETING
Upon the motion by Councilmember Swati, seconded by Councilmember Hamilton and
carried unanimously, the City Council adjourned their meeting 12:38 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 DELORIS "BOBBIE" PRINCE
ATTEST:'
—. '4 /L Al/.
C'EC' ETARY SHERRI BELL S
END OF REGULAR MEETI G HELD May 3, 2016.
APPROVED : 7/
City Council Minutes 9
Regular Meeting — May 3, 2016