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Home My WebLink AboutDECEMBER 27, 2016 REGULAR MEETING REGULAR MEETING — December 27, 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, December 27, 2016 at 8:36 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Derrick Freeman; Mayor Pro Tem Raymond Scott, Jr.; Councilmembers Tiffany Hamilton, Keith Richard, Willie "Bae" Lewis, Jr. and Kaprina Frank; Assistant City Manager Jimmy Johnson, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and the Sergeant At Arms. II. PROCLAMATIONS & MINUTES Proclamations - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Warren Field Regarding The Historical Politics Of The Port Arthur C-PAC Regarding City Campaigns It Financed And Its Proxy Control Of City Staff Seats Warren Field, 1147 60th Street, 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 VI. CONSENT AGENDA Upon the motion of Councilmember Frank, seconded by Councilmember Hamilton and carried, the following Consent Agenda items were adopted with the exception of Proposed Item B. (B1), Proposed Resolutions No. 19621, 19626, 19638, 19644 and 19645: Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Richard, Lewis and Frank. Voting No: None. A. Minutes (01) 11/29/2016 Regular Meeting (02) 12/05/2016 Special Executive Meeting (03) 12/13/2016 Regular / Special Executive Meeting C. Resolutions — Consent (1) P.R. No. 19559 — A Resolution Authorizing The Purchase Of A 2017 F-350 Pickup Truck With A Service Body For The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, Through Buyboard, In The Total Amount Of $34,870.50. Funds Are Available In Equipment Account No. 410-1253-532.92-00 Proposed Resolution No. 19559 was adopted becoming Resolution No. 16-349. (2) P.R. No. 19589 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For Construction Of The 24" Water Transmission Line On Pleasure Island/MLK Bridge To Walter Umphrey State Park Proposed Resolution No. 19589 was adopted becoming Resolution No. 16-350. (3) P.R. No. 19614 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Excavation And Construction, LLC Of Port Arthur, Texas For 4t" Street Improvements From Stadium Road To Duff Drive, With A Projected Budgetary Impact Of $888,612.74 Funding Available In CDBG Account No. 105-1431-552.86- 01, Project #4THST1 Proposed Resolution No. 19614 was adopted becoming Resolution No. 16-351. (5) P.R. No. 19622 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract For Grass Cutting Services At The Spur 93 Business Park With Joey's Tractor Service Of Port Arthur, Texas At A Cost Not To Exceed $20,790.00 (Account Number 120-1429-582.59-02) Proposed Resolution No. 19622 was adopted becoming Resolution No. 16-352. (7) P.R. No. 19637 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount of $5,376.91 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Solid Waste Trash Truck #1906 Proposed Resolution No. 19637 was adopted becoming Resolution No. 16-353. (9) P.R. No. 19641 — A Resolution Amending Resolution 16-285 For The Purchase Of A Gradall Excavator From Associated Supply Company, Inc. Of Beaumont, Texas To Houston Freightliner Of Houston, Texas, Under The Buyboard Contract No. 424-13, For The Public Works Department Drainage Division In The Amount Of $244,057.54. Funding Available In Account Numbers 625-1801-531.93-00, Project Number FH1601 And 001-1204-531.92-00, Equipment Proposed Resolution No. 19641 was adopted becoming Resolution No. 16-354. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Items B. Expense Reports (B1) Councilmember Willie Lewis: National League Of Cities Conference Pittsburgh, PA November 15 — 20, 2016 $2,432.60 The Mayor introduced the above-mentioned Proposed Item. City Council Minutes 2 Regular Meeting — December 27, 2016 Upon the motion of Councilmember Frank, seconded by Councilmember Lewis, and carried, Proposed Item (B1) was adopted. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Richard, Lewis and Frank. Voting No: None. Consent - Resolutions (4) P.R. No. 19621 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Advertise A Local Marketing Campaign On Three (3) Billboards In Port Arthur, Texas That Advertise Economic Development Starts At Home For Six (6) Months During Fiscal Year 2016 — 2017 At A Cost Not To Exceed $14,203 ($7,000.00 From Account Number 120-1429-582.59-06 And $7,203.00 From Account Number 120-1429-582.53-00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Lewis that Proposed Resolution No. 19621 be adopted. EDC Director Floyd Batiste appeared before the City Council to answer inquiries regarding the above-mentioned marketing campaign. Proposed Resolution No. 19621 was adopted becoming Resolution No. 16-355. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Richard, Lewis and Frank. Voting No: None. The caption of Resolution No. 16-355 reads as follows: RESOLUTION NO. 16-355 A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ADVERTISE A LOCAL MARKETING CAMPAIGN ON THREE (3) BILLBOARDS IN PORT ARTHUR, TEXAS THAT ADVERTISE ECONOMIC DEVELOPMENT STARTS AT HOME FOR SIX (6) MONTHS DURING FISCAL YEAR 2016 — 2017 AT A COST NOT TO EXCEED $14,203 ($7,000.00 FROM ACCOUNT NUMBER 120-1429-582.59-06 AND $7,203.00 FROM ACCOUNT NUMBER 120-1429-582.53-00 (6) P.R. No. 19626 — A Resolution Authorizing The 2016-2017 Orange County Appraisal District Funding Allocation In An Amount Of $20,699.00. Account No. 001-1031-515.54-00 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Lewis, seconded by Councilmember Frank and carried, Proposed Resolution No. 19626 was adopted becoming Resolution No. 16-356. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Richard, Lewis and Frank. Voting No: None. City Council Minutes Regular Meeting — December 27, 2016 The caption of Resolution No. 16-356 reads as follows: RESOLUTION NO. 16-356 A RESOLUTION AUTHORIZING THE 2016-2017 ORANGE COUNTY APPRAISAL DISTRICT FUNDING ALLOCATION IN AN AMOUNT OF $20,699.00. ACCOUNT NO. 001-1031-515.54- 00 (8) P.R. No. 19638 — A Resolution Authorizing The City Manager To Enter Into A New Maintenance Agreement With DDS Corporation Of Southfield, Michigan, For The Annual License Renewal Fee For Maintenance, Updates, Equipment And Software Support On The Police/Fire Dispatch Center Voice Recorder, With An Annual Projected Budgetary Impact Of $17,500.00, And A Onetime Fee Of $2,750.00 For Shipping And Installation Charges; Funding Available In Police Department Account No. 001-1101- 521.72-00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Lewis that Proposed Resolution No. 19638 be adopted. Finance Director Jerry Dale appeared before the City Council to answer inquiries regarding the above-mentioned agreement. Proposed Resolution No. 19638 was adopted becoming Resolution No. 16-357. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Richard, Lewis and Frank. Voting No: None. The caption of Resolution No. 16-357 reads as follows: RESOLUTION NO. 16-357 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW MAINTENANCE AGREEMENT WITH DDS CORPORATION OF SOUTHFIELD, MICHIGAN, FOR THE ANNUAL LICENSE RENEWAL FEE FOR MAINTENANCE, UPDATES, EQUIPMENT AND SOFTWARE SUPPORT ON THE POLICE/FIRE DISPATCH CENTER VOICE RECORDER, WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF $17,500.00, AND A ONETIME FEE OF $2,750.00 FOR SHIPPING AND INSTALLATION CHARGES; FUNDING AVAILABLE IN POLICE DEPARTMENT ACCOUNT NO. 001-1101-521.72- 00 (10) P.R. No. 19644 — A Resolution Authorizing The City Manager To Execute A Letter Of Engagement With Whitley Penn, LLP, As Independent Auditor For The City Of Port Arthur For The Year Ending September 30, 2016, With A Projected Budgetary Impact Of $108,700.00. Funding Available In Finance Department Professional Services Account No. 001-1031-515.54-00 The Mayor introduced the above-mentioned Proposed Resolution. City Council Minutes 4 Regular Meeting — December 27, 2016 The motion was made by Councilmember Frank and seconded by Mayor Pro Tern Scott that Proposed Resolution No. 19644 be adopted. Finance Director Jerry Dale appeared before the City Council to answer inquiries regarding the above-mentioned letter of engagement. Proposed Resolution No. 19644 was adopted becoming Resolution No. 16-358. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Richard, Lewis and Frank. Voting No: None. The caption of Resolution No. 16-358 reads as follows: RESOLUTION NO. 16-358 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF ENGAGEMENT WITH WHITLEY PENN, LLP, AS INDEPENDENT AUDITOR FOR THE CITY OF PORT ARTHUR FOR THE YEAR ENDING SEPTEMBER 30, 2016, WITH A PROJECTED BUDGETARY IMPACT OF $108,700.00. FUNDING AVAILABLE IN FINANCE DEPARTMENT PROFESSIONAL SERVICES ACCOUNT NO. 001-1031-515.54-00 (11) P.R. No. 19645 — A Resolution Authorizing Additional Funding For The Independent Audit For Fiscal Year Ending September 30, 2015 For The City Of Port Arthur Performed By Whitley Penn, LLP, In An Amount Of $35,000.00. Funding Available In Finance Department Professional Service Account No. 001-1031-515.54-00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Lewis that Proposed Resolution No. 19645 be adopted. Finance Director Jerry Dale appeared before the City Council to answer inquiries regarding the above-mentioned funding. Proposed Resolution No. 19645 was adopted becoming Resolution No. 16-359. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Richard, Lewis and Frank. Voting No: None. The caption of Resolution No. 16-359 reads as follows: RESOLUTION NO. 16-359 A RESOLUTION AUTHORIZING ADDITIONAL FUNDING FOR THE INDEPENDENT AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 2015 FOR THE CITY OF PORT ARTHUR PERFORMED BY WHITLEY PENN, LLP, IN AN AMOUNT OF $35,000.00. FUNDING AVAILABLE IN FINANCE DEPARTMENT PROFESSIONAL SERVICE ACCOUNT NO. 001-1031-515.54-00 City Council Minutes 5 Regular Meeting — December 27, 2016 A. Resolutions (1) P.R. No. 19611 — A Resolution Authorizing The Award Of Bid And The Execution Of A Contract With Allco, LLC, Of Beaumont, Texas, For The FM 365 Sanitary Sewer Line Replacement Project — Approximately 3000 Linear Feet From El Paso Avenue To 1901 FM 365 Lift Station In The Amount Of $599,825.00; Funding Available In Account 410-1255-532.83-00 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Lewis and carried, Proposed Resolution No. 19611 was adopted becoming Resolution No. 16-360. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Richard, Lewis and Frank. Voting No: None. The caption of Resolution No. 16-360 reads as follows: RESOLUTION NO. 16-360 A RESOLUTION AUTHORIZING THE AWARD OF BID AND THE EXECUTION OF A CONTRACT WITH ALLCO, LLC, OF BEAUMONT, TEXAS, FOR THE FM 365 SANITARY SEWER LINE REPLACEMENT PROJECT — APPROXIMATELY 3000 LINEAR FEET FROM EL PASO AVENUE TO 1901 FM 365 LIFT STATION IN THE AMOUNT OF $599,825.00; FUNDING AVAILABLE IN ACCOUNT 410-1255-532.83-00 (2) P.R. No. 19620 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation's Second Amendment To The Chief Executive Officer Employment Agreement With Floyd Batiste The Mayor introduced the above-mentioned Proposed Resolution. Voting Yes: Mayor Pro Tern Scott; Councilmembers Hamilton, Richard, Lewis and Frank. Voting No: Mayor Freeman. The caption of Resolution No. 16-361 reads as follows: RESOLUTION NO. 16-361 A RESOLUTION APPROVING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION'S SECOND AMENDMENT TO THE CHIEF EXECUTIVE OFFICER EMPLOYMENT AGREEMENT WITH FLOYD BATISTE B. Ordinances (1) P.O. No. 6590 — An Ordinance Amending Chapter 110 (Utilities), Sections 110-97, 110-98, 110-99 Of The Code Of Ordinances Of The City Of Port Arthur, As It Pertains To City Council Minutes 6 Regular Meeting — December 27, 2016 Procedures For Adjustment Of Water Bills For Residential And Commercial Customers, And Providing For Publication The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Councilmember Lewis and carried, Proposed Ordinance No. 6590 was adopted becoming Ordinance No. 16-75. The caption of Ordinance No. 16-75 reads as follows: ORDINANCE NO. 16-75 AN ORDINANCE AMENDING CHAPTER 110 (UTILITIES), SECTIONS 110-97, 110-98, 110- 99 OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, AS IT PERTAINS TO PROCEDURES FOR ADJUSTMENT OF WATER BILLS FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS, AND PROVIDING FOR PUBLICATION (2) P.O. No. 6603 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To A Low Or Moderate Income Resident Of The City Who Is Participating In The Hurricane Ike Housing Reconstruction Program Through The Texas Department Of Housing & Community Affairs (TDHCA) The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Councilmember Lewis and carried, Proposed Ordinance No. 6603 was adopted becoming Ordinance No. 16-76. The caption of Ordinance No. 16-76 reads as follows: ORDINANCE NO. 16-16-76 AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED FOR CONVEYANCE OF PROPERTY TO A LOW OR MODERATE INCOME RESIDENT OF THE CITY WHO IS PARTICIPATING IN THE HURRICANE IKE HOUSING RECONSTRUCTION PROGRAM THROUGH THE TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS (TDHCA) VIII. ADJOURNMENT OF MEETING Upon the motion by Councilmember Frank, seconded by Councilmember Hamilton and carried unanimously, the City Council adjourned their meeting 9:28 a.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 December 27, 2016. APPROVED .• City Council Minutes 7 Regular Meeting — December 27, 2016