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Home My WebLink About(12) JULY 26, 2016 REGULAR MEETING REGULAR MEETING — July 26, 2016 I. INVOCATION, PLEDGE & ROLL CALL Mayor Pro Tern Scott 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, July 26, 2016 at 6:38 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Derrick Freeman; Mayor Pro Tern Raymond Scott, Jr.; Tiffany Hamilton, Morris Albright, III., Keith Richard, Willie "Bae" Lewis, Jr., Osman Swati and Charlotte Kaprina Frank; City Manager Brian McDougal, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Mark Blanton. II. PROCLAMATIONS - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Jimmie Williams Regarding Our City Moving Forward Not present. (2) Sandra Womack Representing The Patriot Guard Riders In Support Of The Port Arthur Police Department Sandra Womack, 95B W. chance No. 210, Lumberton, Texas appeared before the City Council to discuss the above-mentioned topic. (3) Kelvin Cormier Regarding Citizens Concerns Not present. (4) Rose Chaisson Regarding City Of Port Arthur Affairs Rose Chaisson, P.O. Box 4207, appeared before the City Council to discuss the above- mentioned topic. B. Presentations (1) Terry Bay And Gerald Bemberg Of Colonial Pipeline And Tom Dubel And Dave Cockey Of Altus Group Regarding Project Condor Terry Bay and Gerald Bemberg of colonial Pipeline gave the above-mentioned presentation. Mayor Freeman left the meeting. Mayor Pro Tern Scott chaired the meeting. Mayor Freeman returned to chair the meeting. C. Employee Recognition - None D. Correspondence - None IV. PUBLIC HEARINGS — 6:00 PM - None V. UNFINISHED BUSINESS - None VI. CONSENT AGENDA The motion was made by Councilmember Hamilton, seconded by Councilmember Moses that the following Consent Agenda items be adopted with the exception of Proposed Resolutions No. 19431, 19441, 19446 19447 and 19453: The following roll call vote was taken on the motion to adopt the Consent Agenda: Councilmember Albright "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Richard "Yes" Councilmember Moses "Yes" Mayor Pro Tern Scott "Yes" Councilmember Swati "Yes" Mayor Freeman "Yes" A. Minutes 04/05/2016 Regular Meeting 04/13/2016 Special Executive Meeting 04/13/2016 Special Meeting 04/19/2016 Regular Meeting 04/26/2016 Special Meeting B. Expense Reports (B1) Councilmember Tiffany Hamilton: National League of Cities Board Leadership Meeting Kansas City, MO June 29 — July 1, 2016 $1,067.80 C. Resolutions — Consent (2) P.R. No. 19440 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Advertise Its Marketing Campaign Billboard Build It, Ship It, And Rail It, In The Louisiana Market Using Bass Ltd. Billboard Of Lafayette, Louisiana, Through Four Alarm Productions Of Beaumont, Texas, At A Cost Not To Exceed $11,370.00. Funding Available In PAEDC Account No. 120- 1429-582.59-06 Proposed Resolution No. 19440 was adopted becoming Resolution No. 16-196. (6) P. R. No. 19448 - A Resolution Authorizing The Second Year (1St Renewal) Of The Contract For The Purchase Of Liquid Sodium Bisulfite For The Utility Operations Department With Calabrian Corporation Of Kingwood, Texas, For The Same Unit Prices Currently Paid. Funds Are Available In Utility Operations Account No. 410-1256-532.29-00 Proposed Resolution No. 19448 was adopted becoming Resolution No. 16-197. (7) P.R. No. 19449 — A Resolution Authorizing The Second Year (First Renewal) Of The Agreement With Crowder Gulf Of Theodore, Alabama For Debris Removal And Emergency Services For The City Of Port Arthur In The Event Of An Emergency Or Disaster Proposed Resolution No. 19449 was adopted becoming Resolution No. 16-198. (8) P.R. No. 19451 — A Resolution Authorizing A Contract Between The City Of Port Arthur And The Department Of State Health Services For Funds In The Amount Of $25,278.00 For Tuberculosis Prevention And Control City Council Minutes 2 Regular Meeting —July 26, 2016 Proposed Resolution No. 19451 was adopted becoming Resolution No. 16-199. (10) P.R. No. 19454 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For 10.00 Acres Of Land Consisting Of Tract 3, Block 10, Port Arthur Economic Development Corporation Business Park [A.K.A. 9655 Richard Wycoff Drive], Port Arthur, Jefferson County, Texas For Commercial Development Z16-07 [SUP# 229] Proposed Resolution No. 19454 was adopted becoming Resolution No. 16-201. (11) P.R. No. 19455 — A Resolution Calling For A Public Hearing To Consider A Zoning Change From Single Family To Neighborhood Services For Approximately 0.2032 Acre Of Land Consisting Of The North 75' Of Reserved Tract, Allien Place [A.K.A. 3248 Procter Street], City Of Port Arthur, Jefferson County, Texas Proposed Resolution No. 19455 was adopted becoming Resolution No. 16-201. (12) P.R. No. 19459 — A Resolution Approving The FY 2017 Contract Between The City Of Port Arthur And The Department Of State Health Services, Immunization Branch-Locals In The Amount Of $162,630.00 Proposed Resolution No. 19459 was adopted becoming Resolution No. 16-202. (13) P.R. No. 19463 - A Resolution Authorizing The Third And Final Year Of The Contract With Farrwest Environmental Supply, Inc. Of Shertz, Texas, For The Lease, Calibration And Servicing Of Hazardous Materials Detection Equipment, In An Amount Not To Exceed $33,152.80. Funding Available In Fire Department Account No. 001- 1121-522.42-00 Proposed Resolution No. 19463 was adopted becoming Resolution No. 16-203. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (1) P.R. No. 19431 — A Resolution Authorizing The City Manager To Execute Addendum No. 2 To The Agreement With BKD, LLP Of Houston, Texas, For The Completion Of Phase Two Of The Forensic Audit, With A Projected Budgetary Impact Of $70,000.00; Funding Available In Account No. 001-1031-515.54-00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Swati and seconded by Councilmember Hamilton that Proposed Resolution No. 19431 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19431: Councilmember Albright "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Richard "Yes" Councilmember Moses "Yes" Mayor Pro Tem Scott "Yes" Councilmember Swati "Yes" City Council Minutes 3 Regular Meeting —July 26, 2016 Mayor Freeman "Yes" Proposed Resolution No. 19431 was adopted becoming Resolution No. 16-204. The caption of Resolution No. 16-204 reads as follows: RESOLUTION NO. 16-204 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 2 TO THE AGREEMENT WITH BKD, LLP OF HOUSTON, TEXAS, FOR THE COMPLETION OF PHASE TWO OF THE FORENSIC AUDIT, WITH A PROJECTED BUDGETARY IMPACT OF $70,000.00; FUNDING AVAILABLE IN ACCOUNT NO. 001-1031- 515.54-00 B. Ordinances (2) P. O. No. 6569 - An Ordinance Repealing Ordinance No. 13- 32 As It Pertains To The Changing Of The Zoning From Two-Family Residential (2F) To Planned Development District No. 36 (PD-36) For A 15.25 Acre Tract Of Land Out Of The Lambert Addition Subdivision, Volume 5, Page 28, M.R.J.C., City Of Port Arthur, Jefferson County, Texas, Being Z13-04 (Requested By Councilmember Lewis) The City Manager introduced the above-mentioned Proposed Ordinance. Councilmember Richard filed a Conflict of Interest with the City Secretary and did not participate in discussion or action regarding Proposed Ordinance No. 6569. The motion was made by Councilmember Swati and seconded by Councilmember Moses that Proposed Ordinance No. 6569 be adopted. Olsen and Olsen Attorney Art Pertile, 4700 Allen Parkway, Houston, Texas appeared before the City Council to answer inquiries regarding the above-mentioned proposed ordinance. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6569: Councilmember Albright "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Moses "Yes" Mayor Pro Tem Scott "Yes" Councilmember Swati "Yes" Mayor Freeman "Yes" Proposed Ordinance No. 6569 was adopted becoming Ordinance No. 16-44. The caption of Ordinance No. 16-44 reads as follows: ORDINANCE NO. 16-44 AN ORDINANCE REPEALING ORDINANCE NO. 13-32 AS IT PERTAINS TO THE CHANGING OF THE ZONING FROM TWO-FAMILY RESIDENTIAL (2F) TO PLANNED DEVELOPMENT DISTRICT NO. 36 (PD-36) FOR A 15.25 ACRE TRACT OF LAND OUT OF THE LAMBERT ADDITION SUBDIVISION, VOLUME 5, PAGE 28, M.R.J.C., CITY OF PORT ARTHUR, JEFFERSON COUNTY, City Council Minutes 4 Regular Meeting —July 26, 2016 TEXAS, BEING Z13-04 (REQUESTED BY COUNCILMEMBER LEWIS) Consent - Resolutions (3) P.R. No. 19441 — A Resolution Authorizing The Acceptance Of The FY 2016 Emergency Management Performance Grant In The Amount Of $37,869.65 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Swati that Proposed Resolution No. 19441 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19441: Councilmember Albright "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Richard "Yes" Councilmember Moses "Yes" Mayor Pro Tern Scott "Yes" Councilmember Swati "Yes" Mayor Freeman "Yes" Proposed Resolution No. 19441 was adopted becoming Resolution No. 16-205. The caption of Resolution No. 16-205 reads as follows: RESOLUTION NO. 16-205 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE FY 2016 EMERGENCY MANAGEMENT PERFORMANCE GRANT IN THE AMOUNT OF $37,869.65 (4) P.R. No. 19446 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Excavators & Construction, LLC, Of Nederland, Texas, Increasing The Contract Amount By $47,657.68 To A New Contract Amount Of $343,760.94 And Increasing The Contract Term By 30 Days To A New Total Of 120 Days The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Swati that Proposed Resolution No. 19446 be adopted. Assistant City Manager Dr. Jimmy Johnson appeared before the City Council to answer inquires regarding the above-mentioned change order. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19446: Councilmember Albright "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Richard "Yes" Councilmember Moses "Yes" Mayor Pro Tem Scott "Yes" Councilmember Swati "Yes" Mayor Freeman "Yes" City Council Minutes 5 Regular Meeting —July 26, 2016 Proposed Resolution No. 19446 was adopted becoming Resolution No. 16-206. The caption of Resolution No. 16-206 reads as follows: RESOLUTION NO. 16-206 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND EXCAVATORS & CONSTRUCTION, LLC, OF NEDERLAND, TEXAS, INCREASING THE CONTRACT AMOUNT BY $47,657.68 TO A NEW CONTRACT AMOUNT OF $343,760.94 AND INCREASING THE CONTRACT TERM BY 30 DAYS TO A NEW TOTAL OF 120 DAYS (5) P. R. No. 19447 - A Resolution Authorizing The Second Year (1St Renewal) Of The Contract For The Purchase Of Water Treatment Chemicals For The Utility Operations Department With Mosaic Global Sales, LLC, Of Lithia, Florida, For The Same Unit Prices Currently Paid. Funds Are Available In Water Purification O&M Budget Account No. 410-1252-532.29-02 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Swati and seconded by Councilmember Lewis that Proposed Resolution No. 19447 be adopted. Assistant City Manager Dr. Jimmy Johnson appeared before the City Council to answer inquires regarding the above-mentioned contract. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19447: Councilmember Albright "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Richard "Yes" Councilmember Moses "Yes" Mayor Pro Tern Scott "Yes" Councilmember Swati "Yes" Mayor Freeman "Yes" Proposed Resolution No. 19447 was adopted becoming Resolution No. 16-207. The caption of Resolution No. 16-207 reads as follows: RESOLUTION NO. 16-207 A RESOLUTION AUTHORIZING THE SECOND YEAR (1ST RENEWAL) OF THE CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS FOR THE UTILITY OPERATIONS DEPARTMENT WITH MOSAIC GLOBAL SALES, LLC, OF LITHIA, FLORIDA, FOR THE SAME UNIT PRICES CURRENTLY PAID. FUNDS ARE AVAILABLE IN WATER PURIFICATION O&M BUDGET ACCOUNT NO. 410-1252-532.29-02 (9) P.R. No. 19453 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts City Council Minutes 6 Regular Meeting —July 26, 2016 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Swati and seconded by Councilmember Moses that Proposed Resolution No. 19453 be adopted. Assistant City Manager Dr. Jimmy Johnson appeared before the City Council to answer inquires regarding the above-mentioned adjustments. The motion was made by Councilmember Albright and seconded by Councilmember Hamilton that Proposed Resolution No. 19453 be tabled. The following roll call vote was taken on the motion to table Proposed Resolution No. 19453: Councilmember Albright "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Richard "Yes" Councilmember Moses "Yes" Mayor Pro Tem Scott "Yes" Councilmember Swati "Yes" Mayor Freeman "Yes" Proposed Resolution No. 19453 was tabled. A. Resolutions (1) P.R. No. 19419 — A Resolution Appointing A Member To The Historical Landmark Commission (Requested By Councilmember Richard) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Hamilton that Proposed Resolution No. 19419 be adopted. The City Secretary read the name of Roosevelt Petry into the record as Councilmember Richard's appointee. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19419: Councilmember Albright "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Richard "Yes" Councilmember Moses "Yes" Mayor Pro Tem Scott "Yes" Councilmember Swati "Yes" Mayor Freeman "Yes" Proposed Resolution No. 19419 was adopted becoming Resolution No. 16-208. The caption of Resolution No. 16-208 reads as follows: RESOLUTION NO. 16-208 A RESOLUTION APPOINTING A MEMBER TO THE HISTORICAL LANDMARK COMMISSION (REQUESTED BY COUNCILMEMBER RICHARD) (2) P.R. No. 19458 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port City Council Minutes 7 Regular Meeting —July 26, 2016 Arthur 4A Economic Development Corporation (Requested By Councilmember Richard) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Hamilton that Proposed Resolution No. 19458 be adopted. The City Secretary read the name of Kenneth Marks into the record as Councilmember Richard's appointee. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19458: Councilmember Albright "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Richard "Yes" Councilmember Moses "Yes" Mayor Pro Tern Scott "Yes" Councilmember Swati "Yes" Mayor Freeman "Yes" Proposed Resolution No. 19458 was adopted becoming Resolution No. 16-209. The caption of Resolution No. 16-209 reads as follows: RESOLUTION NO. 16-209 A RESOLUTION APPOINTING AND/OR REAPPOINTING A DIRECTOR OR DIRECTORS TO THE CITY OF PORT ARTHUR 4A ECONOMIC DEVELOPMENT CORPORATION (REQUESTED BY COUNCILMEMBER RICHARD) (3) P.R. No. 19460 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Councilmember Richard) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Hamilton and seconded by Councilmember Moses that Proposed Resolution No. 19460 be adopted. The City Secretary read the name of John Beard, Jr. into the record as Councilmember Richard's appointee. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19460: Councilmember Albright "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Richard "Yes" Councilmember Moses "Yes" Mayor Pro Tern Scott "Yes" Councilmember Swati "Yes" Mayor Freeman "Yes" Proposed Resolution No. 19460 was adopted becoming Resolution No. 16-210. The caption of Resolution No. 16-210 reads as follows: City Council Minutes 8 Regular Meeting —July 26, 2016 RESOLUTION NO. 16-210 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE PLEASURE ISLAND ADVISORY COMMITTEE (REQUESTED BY COUNCILMEMBER RICHARD) B. Ordinances (1) P.O. No. 6554 — An Ordinance Authorizing The City Manager To Execute Settlement Of A Property Damage Claim In The Amount Of $14,150.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To A Ford Expedition #1821 The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Swati and seconded by Councilmember Moses that Proposed Ordinance No. 6554 be adopted. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6554: Councilmember Albright "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Richard "Yes" Councilmember Moses "Yes" Mayor Pro Tem Scott "Yes" Councilmember Swati "Yes" Mayor Freeman "Yes" Proposed Ordinance No. 6554 was adopted becoming Ordinance No. 16-45. The caption of Ordinance No. 16-45 reads as follows: ORDINANCE NO. 16-45 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT OF A PROPERTY DAMAGE CLAIM IN THE AMOUNT OF $14,150.00 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML) AS A RESULT OF PROPERTY DAMAGE TO A FORD EXPEDITION #1821 VIII. ADJOURNMENT OF MEETING Upon the motion by Councilmember Swati, seconded by Mayor Pro Tem Scott and carried unanimously, the City Council adjourned their meeting 8:17 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: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD July 26, 2016. APPROVED • City Council Minutes 9 Regular Meeting —July 26, 2016