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Home My WebLink About(01) NOVEMBER 29, 2016 REGULAR MEETING REGULAR MEETING — November 29, 2016 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Charlotte 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, November 29, 2016 at 8:40 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Derrick Freeman; Mayor Pro Tern Raymond Scott, Jr.; Councilmembers Tiffany Hamilton, Morris Albright, III., 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 Patrick Melvin. Councilmember Keith Richard joined the meeting during regular session. Councilmember Kaprina Frank was absent from the Regular Meeting. II. PROCLAMATIONS Proclamations - None III. PETITIONS & COMMUNICATIONS A. Speakers - None B. Presentations (1) A Presentation By City Attorney Val Tizeno, Harriet Mitchell and Ales Flood Of The South East Texas Council On Alcohol & Drug Abuse Regarding A Proposed City Ordinance On Social Hosting Accountability City Attorney Tizeno, Harriet Mitchell and Ales Flood gave the above-mentioned presentation. (2) A Presentation By Warren Field Construction Board Chairman Regarding Explanations Concerning The Construction & Zoning Boards By-Laws Amendment Process (Requested By Councilmember Richard) Warren Field gave the above-mentioned presentation. Upon the motion of Councilmember Richard, seconded by Mayor Pro Tem Scott and carried, the above-mentioned presentation was given two additional minutes. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati and Moses. Voting No: None. (3) 2015 Employee Service Awards Presentation Assistant Human Resource Director Lisa Colten and Administrative Assistant Trameka Alpough gave the above-mentioned presentation. (4) A Presentation By City Manager Brian McDougal Of New City Staff Members; Armando Gutierrez, Public Works Director; LaRisa Carpenter, Public Information Officer; Patrick Melvin, Port Arthur Police Department Head; And Kandace Tappen, Assistant City Manager Brian McDougal gave the above-mentioned presentation. The City Council recessed their meeting at 9:57 a.m. and reconvened their meeting at 10:29 a.m. with the following members present: Mayor Freeman; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank; City Manager McDougal; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Patrick Melvin. Mayor Pro Tem Scott returned to the Regular Meeting at 10:30 a.m. II. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT B. Ordinances (3) P.O. No. 6598 — An Ordinance Authorizing The Issuance Of City Of Port Arthur, Texas, General Obligation Refunding Bonds, Series 2016; Setting Certain Parameters For The Bonds; Authorizing A Pricing Officer To Approve The Terms Thereof And Certain Other Procedures And Provisions Related Thereto The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Moses and seconded by Councilmember Swati that Proposed Ordinance No. 6598 be adopted. The motion was made by Councilmember Hamilton and seconded by Councilmember Swati that Proposed Ordinance No. 6598 be amended as follows: The parameters be changed from 3% to 2.5% Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati and Moses. Voting No: None. The motion to amend Proposed Ordinance No. 6598 carried. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6598 as amended: Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Richard "Yes" Councilmember Moses "Yes" Mayor Pro Tern Scott "Yes" Councilmember Swati "Yes" Mayor Freeman "Yes" Proposed Ordinance No. 6598 was adopted, as amended, becoming Ordinance No. 16-71. The caption of Ordinance No. 16-71 reads as follows: ORDINANCE NO. 16-71 AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PORT ARTHUR, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016; SETTING CERTAIN PARAMETERS FOR THE BONDS; AUTHORIZING A PRICING OFFICER TO APPROVE THE TERMS THEREOF AND CERTAIN OTHER PROCEDURES AND PROVISIONS RELATED THERETO City Council Minutes 2 Regular Meeting — November 29, 2016 (4) P.O. No. 6599 — An Ordinance Authorizing The Issuance Of City Of Port Arthur, Texas, General Obligation Refunding Bonds, Series 2017; Setting Certain Parameters For The Bonds; Authorizing A Pricing Officer To Approve The Terms Thereof And Certain Other Procedures And Provisions Related Thereto The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Hamilton and seconded Councilmember Swati that Proposed Ordinance No. 6599 be adopted. The motion was made by Councilmember Hamilton and seconded by Councilmember Moses that Proposed Ordinance No. 6599 be amended as follows: The parameters be changed from 3% to 2.5% Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati and Moses. Voting No: None. The motion to amend Proposed Ordinance No. 6599 carried: The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6599 as amended: 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" The caption of Ordinance No. 16-72 reads as follows: ORDINANCE NO. 16-72 AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PORT ARTHUR, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017; SETTING CERTAIN PARAMETERS FOR THE BONDS; AUTHORIZING A PRICING OFFICER TO APPROVE THE TERMS THEREOF AND CERTAIN OTHER PROCEDURES AND PROVISIONS RELATED THERETO C. Employee Recognition - None D. Correspondence - None IV. PUBLIC HEARINGS — 9:00 AM - None V. UNFINISHED BUSINESS - None VI. CONSENT AGENDA Upon the motion of Councilmember Swati, seconded by Councilmember Moses and carried, the following Consent Agenda items were adopted with the exception Proposed Resolutions No. 19502, 19568 & 19598: City Council Minutes 3 Regular Meeting — November 29, 2016 Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati and Moses. Voting No: None A. Minutes (01) 10/26/2016 Special Executive Meeting (02) 11/14/2016 Special Meeting (03) 11/14/2016 Special Executive Meeting (04) 11/14/2016 Regular Meeting (05) 11/18/2016 Special Meeting (06) 11/21/2016 Special Meeting B. Resolutions — Consent (2) P.R. No. 19562 — A Resolution Authorizing The City Manager To Enter Into A Janitorial Services Contract For Utility Service Center With Diamond Shine Of Port Arthur, Texas, With An Annual Projected Budgetary Impact Of $38,000.00. Funding Is Available In Account No. 410-1253- 532.59-00 Proposed Resolution No. 19562 was adopted becoming Resolution No. 16-311. (4) P.R. No. 19596 — A Resolution Approving Payment In The Total Amount Of $95,227.11 For The TCEQ Annual Consolidated Water Quality Assessment Fees For All Three (3) Wastewater Treatment Facilities In The City Of Port Arthur Utility Operations Department Wastewater Treatment Division Account No. 410-1256-532.59-01 Proposed Resolution No. 19596 was adopted becoming Resolution No. 16-312. (5) P.R. No. 19597 — A Resolution Rejecting The Bids For Placement Of Hot-Mix Asphaltic Concrete (Bid No. P16- 061) And Authorizing Re-Advertisement For Bids Proposed Resolution No. 19597 was adopted becoming Resolution No. 16-313. (7) P.R. No. 19600 — A Resolution Authorizing The City Manager To Reject The Bids For Areas A And E (Bid No. P16-056) For The Mowing Of Privately Owned And City Owned Developed And Vacant Lots In The City Of Port Arthur Proposed Resolution No. 19600 was adopted becoming Resolution No. 16-314. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (1) P.R. No. 19502 — A Resolution Authorizing The Purchase Of One Pierce Fire Engine For The Fire Department From Siddons-Martin Emergency Group Of Denton, Texas, With Offices In Port Arthur, Texas, Through The HGAC Buy Cooperative Purchasing Program In The Amount Of $744,993.00. Funding Available In Account Number 625- 1801-522.93-00 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Swati and carried, Proposed Resolution No. 19502 was adopted becoming Resolution No. 16-315. City Council Minutes 4 Regular Meeting — November 29, 2016 Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati and Moses. Voting No: None The caption of Resolution No. 16-315 reads as follows: RESOLUTION NO. 16-315 A RESOLUTION AUTHORIZING THE PURCHASE OF ONE PIERCE FIRE ENGINE FOR THE FIRE DEPARTMENT FROM SIDDONS-MARTIN EMERGENCY GROUP OF DENTON, TEXAS, WITH OFFICES IN PORT ARTHUR, TEXAS, THROUGH THE HGAC BUY COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $744,993.00. FUNDING AVAILABLE IN ACCOUNT NUMBER 625-1801-522.93-00 (3) P.R. No. 19568 — A Resolution Rejecting The Bids For Repair Clamps (Bid #16-041) For The Utility Operations Department And Authorizing Re-advertisement For Bids With Revised Specifications The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Swati that Proposed Resolution No. 19568 be adopted. Interim Purchasing Director Clifton Williams and Donny Stanton appeared before the City Council to answer inquiries regarding the above-mentioned item. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati and Moses. Voting No: None Proposed Resolution No. 19568 was adopted becoming Resolution No. 16-316. The caption of Resolution No. 16-316 reads as follows: RESOLUTION NO. 16-316 A RESOLUTION REJECTING THE BIDS FOR REPAIR CLAMPS (BID #16-041) FOR THE UTILITY OPERATIONS DEPARTMENT AND AUTHORIZING RE-ADVERTISEMENT FOR BIDS WITH REVISED SPECIFICATIONS (6) P.R. No. 19598 — A Resolution Approving The FY 2017 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Division In The Amount Of $608,867.00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Swati and seconded by Councilmember Moses that Proposed Resolution No. 19598 be adopted. Health Department Director Judith Smith appeared before the City Council to answer inquiries regarding the above-mentioned item. City Council Minutes 5 Regular Meeting — November 29, 2016 Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati and Moses. Voting No: None Proposed Resolution No. 19598 was adopted becoming Resolution No. 16-317. The caption of Resolution No. 16-317 reads as follows: RESOLUTION NO. 16-317 A RESOLUTION APPROVING THE FY 2017 CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND THE DEPARTMENT OF STATE HEALTH SERVICES, WIC DIVISION IN THE AMOUNT OF $608,867.00 A. Resolutions (1) P.R. No. 19594 — A Resolution Nominating A Member To The Board Of Directors Of The Orange County Appraisal District For The Remaining Portion Of The 2016 — 2017 Term, Due To A Vacancy The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Swati and seconded by Councilmember Moses that Proposed Resolution No. 19594 be adopted. Michael Cole of Arceneaux, Wilson and Cole appeared before the City Council to answer inquiries regarding the above-mentioned item. Upon the motion of Councilmember Hamilton, seconded by Councilmember Moses and carried, Proposed Resolution No. 19598 was tabled. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati and Moses. Voting No: None (2) P.R. No. 19599 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Swati that Proposed Resolution No. 19599 be adopted. The following citizens were nominated for reappointment: Councilmember Scott: Lovelace Williams Councilmember Hamilton: Derel Segler Mayor: Earl Tizeno Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati and Moses. Voting No: None Proposed Resolution No. 19599 was adopted, with the above-mentioned names added, becoming Resolution No. 16-318. The caption of Resolution No. 16-318 reads as follows: City Council Minutes 6 Regular Meeting — November 29, 2016 RESOLUTION NO. 16-318 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE CITIZEN'S PIPELINE ADVISORY COMMITTEE B. Ordinances (1) P.O. No. 6595 = An Ordinance Designating Friday, December 23, 2016, As A Legal Holiday The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Swati, seconded by Councilmember Moses and carried, Proposed Ordinance No. 6595 was adopted becoming Ordinance No. 16-73. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati and Moses. Voting No: None The caption of Ordinance No. 16-73 reads as follows: ORDINANCE NO. 16-73 AN ORDINANCE DESIGNATING FRIDAY, DECEMBER 23, 2016, AS A LEGAL HOLIDAY (2) P.O. No. 6597 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2016 And Ending September 30, 2017 By $50,743.00 For The General Fund The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Swati, seconded by Councilmember Moses and carried, Proposed Ordinance No. 6595 was adopted becoming Ordinance No. 16-73. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati and Moses. Voting No: None The caption of Ordinance No. 16-73 reads as follows: ORDINANCE NO. 16-73 AN APPROPRIATION ORDINANCE AMENDING THE CITY OF PORT ARTHUR BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017 BY $50,743.00 FOR THE GENERAL FUND VIII. * CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (1) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation With John Hall Public Affairs City Council Minutes 7 Regular Meeting — November 29, 2016 (2) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements (3) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (4) Section 551.072 Government Code — To Discuss With The City Attorney Pending Litigation With Bridge City, Texas The City Council recessed their meeting at 11:54 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 1:25 p.m. with the following members present: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Richard, Lewis, Swati and Moses; City Manager McDougal; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Melvin. IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Swati seconded by Councilmember Moses and carried unanimously, the City Council adjourned their meeting 1:25 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 DERRICK FREEMAN ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD APPROVED • City Council Minutes 8 Regular Meeting — November 29, 2016