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HomeMy WebLinkAboutMINUTES 06/06/2017 REGULAR MEETING REGULAR MEETING — June 6, 2017 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Raymond 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, June 6, 2017 at 8:33 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Derrick Freeman; Mayor Pro Cal Jones; Councilmembers Raymond Scott, Thomas Kinlaw, III, Harold Doucet, Osman Swati and Kaprina Frank; City Manager Brian McDougal, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Patrick Melvin. Councilmember Willie "Bae" Lewis, Jr. joined the Regular Meeting at 8:44 a.m. Councilmember Charlotte Moses was absent from the Regular Meeting. II. PROCLAMATIONS & MINUTES - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Joan Jones Regarding Update On Repairs Of Streets Joan Jones, 640 E. 10th Street, appeared before the City Council to discuss the above- mentioned topic. (2) Marvin Jimenez Regarding Food Truck Rules and Regulations Not present. B. Presentations (1) A Presentation By Water Utility Pretreatment Coordinator Latrice Gallow Regarding Pretreatment Program Assistant City Manager Jimmy Johnson and Latrice Gallow gave the above-mentioned presentation. IV. PUBLIC HEARINGS — 9:00 AM (1) A Public Hearing To Consider A Proposed Abandonment A17-02 (CITY OF PORT ARTHUR) For A 0.6948 Acre Of Land Consisting Of An Unimproved Portion Of The Picadilly Drive Right-Of-Way Located In Lakeside Park Unit 5, City Of Port Arthur, Jefferson County, Texas The Mayor introduced the above-mentioned Public Hearing at 9:17 a.m. Senior Planner Paul Brown appeared before the City Council and gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. No one appeared before the City Council to address the above-mentioned item. Upon the motion of Councilmember Swati, seconded by Councilmember Frank and carried unanimously, the City Council closed the Public Hearing at 9:20 a.m. III. PETITIONS & COMMUNICATIONS (2) A Presentation By Water Utility Manager Donald Stanton Regarding New Operators Assistant City Manager Jimmy Johnson and Water Utility Manager Donald Stanton gave the above-mentioned presentation. (3) A Presentation By The Director Of Code Compliance Darlene Pierre Regarding Tire Abatement Code Enforcement Supervisor Darlene Pierre gave the above-mentioned presentation. Police Chief Patrick Melvin appeared before the City Council to answer inquiries regarding the above-mentioned topic. C. Employee Recognition - None D. Correspondence - None E. Discussion (1) To Discuss And Possibly Take Action Regarding The Use Of The Current City's Logo As It Pertains To The City Of Port Arthur Water Tower (Requested By Councilmember Doucet) Motion: Council To Authorize The City Manger To Check On Pricing To Have Our Logo Placed On The Water Tower And Bring That Back For Council For Recommendations The motion was made by Councilmember Doucet and seconded by Councilmember Lewis that the above-mentioned motion be adopted. The above-mentioned motion was adopted. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Frank. Voting No: None. (2) To Discuss And Possibly Take Action Regarding The Port Arthur Chamber Of Commerce's Use Of The Logo That The City Council Elected Not To Use (Requested By Councilmember Doucet) Motion: Authorizing City Manager Hold Discussions With The Port Arthur Chamber Of Commerce For A Financial Contribution Towards The Cost Already Paid By The City Of Port Arthur For A Proposed Logo Prepared By E Sullivan Advertising The motion was made by Councilmember Doucet and seconded by Councilmember Frank that the above-mentioned motion be adopted. The following citizens appeared before the City Council regarding the above-mentioned topic: Warren Field, 1147 60th Street, Port Arthur, Texas Joan Jones, 640 East 10th Street, Port Arthur, Texas Fernando Ramirez, 2735 Lake Shore Drive, Port Arthur Texas City Council Minutes 2 Regular Meeting —June 6, 2017 Roosevelt Petry, 3726 Lake Shore Drive, Port Arthur, Texas The above-mentioned motion was adopted. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Frank. Voting No: None. V. UNFINISHED BUSINESS - None VI. CONSENT AGENDA Upon the motion of Councilmember Swati, seconded by Councilmember Frank the following Consent Agenda was adopted with the exception of Proposed Resolutions No. 19797, 19798 and 19804: Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Frank. Voting No: None. A. Resolutions — Consent (1) P.R. No. 19772 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $32,492.56 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Landfill Compactor #1636 Proposed Resolution No. 19772 was adopted becoming Resolution No. 17-140. (2) P.R. No. 19773 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $9,142.15 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Trash Truck #1918 Proposed Resolution No. 19773 was adopted becoming Resolution No. 17-141. (3) P.R. No. 19775 — A Resolution Authorizing The Execution Of A Contract For The Purchase Of Sodium Chlorite For The Utility Operations Department With Evoqua Water Technologies, LLC, Of Sarasota, Florida, With A Projected Budgetary Impact Of $344,800.00. Funds Are Available In Utility Operations Water Treatment Chemicals Account No. 410-1252-532.29-02 Proposed Resolution No. 19775 was adopted becoming Resolution No. 17-142. (4) P.R. No. 19795 — A Resolution Authorizing The Purchase Of A Komatsu PC138USLC-11 Excavator For The Utility Operations Department From Waukesha-Pearce Industries Inc., Through Buyboard, In The Total Amount Of $129,967.60. Funds Are Available In Utility Operations Equipment Account No. 410-1255-532.92-00, Equipment Proposed Resolution No. 19795 was adopted becoming Resolution No. 17-143. (7) P.R. No. 19799 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $10,284.68 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Police Vehicle #2091 City Council Minutes Regular Meeting — June 6, 2017 Proposed Resolution No. 19799 was adopted becoming Resolution No. 17-144. (8) P.R. No. 19801 — A Resolution To Accept The Federal Transit Administration's Award For Operations, Planning, And Capital Projects For Fiscal Year 2017-2018 For Port Arthur Transit Proposed Resolution No. 19801 was adopted becoming Resolution No. 17-145. (10) P.R. No. 19806 — A Resolution Authorizing The City Manager To Enter Into A Non-Exclusive Product Sales Agreement With Total Petrochemicals & Refining USA, Inc., To Provide Certain Quantities Of On-Road Diesel At Total's Port Arthur, Texas Refinery In The Case Of An Emergency Or A Disaster With A Term Of The Agreement From June 25, 2017 To June 25, 2019 Proposed Resolution No. 19806 was adopted becoming Resolution No. 17-146. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (5) P.R. No. 19797 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For The FM 365 Sanitary Sewer Improvements Project And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas And Release Of Retainage In The Amount Of $27,484.85, For The FM 365 Sanitary Sewer Line Replacement Project From El Paso Avenue (WB) To The Lift Station (Approximately 2800 LF) Account No. 410- 1255-532.83-00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Doucet and seconded by Councilmember Scott that Proposed Resolution No. 19797 be adopted. Public Works Assistant Director Rawetts Baaheth appeared before the City Council to answer inquiries regarding the above-mentioned item. Proposed Resolution No. 19797 was adopted becoming Resolution No. 17-147. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Frank. Voting No: None. The caption of Resolution No. 17-147 reads as follows: RESOLUTION NO. 17-147 A RESOLUTION AUTHORIZING ACCEPTANCE OF THE ENGINEER'S CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE AND CONTRACTOR'S CERTIFICATE OF GUARANTEE FOR THE FM 365 SANITARY SEWER IMPROVEMENTS PROJECT AND AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS City Council Minutes 4 Regular Meeting — June 6, 2017 AND RELEASE OF RETAINAGE IN THE AMOUNT OF $27,484.85, FOR THE FM 365 SANITARY SEWER LINE REPLACEMENT PROJECT FROM EL PASO AVENUE (WB) TO THE LIFT STATION (APPROXIMATELY 2800 LF) ACCOUNT NO. 410- 1255-532.83-00 (6) P.R. No. 19798 — A Resolution Authorizing The City Manager To Enter Into A An Agreement With Summer's Abbey Flooring Center Of Port Neches, Texas, For The Replacement Of Flooring At Fire Stations Numbers 1, 5, And 8 With A Projected Budgetary Impact Of $55,260.33; Funding Available In Fire Department Building Maintenance Account No. 001-121-522.32-00 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Doucet, seconded by Councilmember Frank and carried, Proposed Resolution No. 19798 was adopted becoming Resolution No. 17-148. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Frank. Voting No: None. The caption of Resolution No. 17-148 reads as follows: RESOLUTION NO. 17-148 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A AN AGREEMENT WITH SUMMER'S ABBEY FLOORING CENTER OF PORT NECHES, TEXAS, FOR THE REPLACEMENT OF FLOORING AT FIRE STATIONS NUMBERS 1, 5, AND 8 WITH A PROJECTED BUDGETARY IMPACT OF $55,260.33; FUNDING AVAILABLE IN FIRE DEPARTMENT BUILDING MAINTENANCE ACCOUNT NO. 001-121-522.32- 00 (9) P.R. No. 19804 — A Resolution Authorizing The Police Chief And Fire Chief To Purchase Upgraded Radio Communication Consoles From Motorola Solutions, Inc., Utilizing The 2016 Port Security Grant Program (PSGP) In The Amount Of $599,617.50 (75% Federal Grant Funded In The Amount Of $449,713.13, 25% Local Cash Match In The Amount Of $149,904.37). Funding Available In Account #107-1118- 521.92-00, Project Code R16277 Proposed Resolution No. 19804 was adopted becoming Resolution No. 17-149. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Doucet that Proposed Resolution No. 19804 be adopted. Proposed Resolution No. 19804 was adopted becoming Resolution No. 17-149. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Frank. Voting No: None. City Council Minutes Regular Meeting —June 6, 2017 The caption of Resolution No. 17-149 reads as follows: RESOLUTION NO. 17-149 A RESOLUTION AUTHORIZING THE POLICE CHIEF AND FIRE CHIEF TO PURCHASE UPGRADED RADIO COMMUNICATION CONSOLES FROM MOTOROLA SOLUTIONS, INC., UTILIZING THE 2016 PORT SECURITY GRANT PROGRAM (PSGP) IN THE AMOUNT OF $599,617.50 (75% FEDERAL GRANT FUNDED IN THE AMOUNT OF $449,713.13, 25% LOCAL CASH MATCH IN THE AMOUNT OF $149,904.37). FUNDING AVAILABLE IN ACCOUNT #107-1118-521.92-00, PROJECT CODE R16277 A. Resolutions (1) P.R. No. 19800 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Moses) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Swati that Proposed Resolution No. 19800 be adopted. The following citizen's were appointed/reappointed as Director to the Economic Development Corporation: Reverend Darrell - District One John Chirafis, Jr. - District Two Joseph Guillory - District Three Richard Wycoff - District Five Warren Pena - District Six Dallas Smith - Position Seven Ingrid Holmes - Position Eight Proposed Resolution No. 19800 was adopted, with the above-mentioned names included, becoming Resolution No. 17-150. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Frank. Voting No: None. The caption of Resolution No. 17-150 reads as follows: RESOLUTION NO. 17-150 A RESOLUTION APPOINTING AND/OR REAPPOINTING A DIRECTOR OR DIRECTORS TO THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION (REQUESTED BY COUNCILMEMBER MOSES) (2) P.R. No. 19807 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Councilmember Scott) City Council Minutes 6 Regular Meeting — June 6, 2017 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Swati that Proposed Resolution No. 19807 be adopted. The following citizen's were appointed as Director to the Pleasure Island Advisory Committee: Reginald Trainer - District One Michelle Snodgrass - District Three Proposed Resolution No. 19807 was adopted, with the above-mentioned names included, becoming Resolution No. 17-151. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Frank. Voting No: None. The caption of Resolution No. 17-150 reads as follows: RESOLUTION NO. 17-150 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE PLEASURE ISLAND ADVISORY COMMITTEE (REQUESTED BY COUNCILMEMBER SCOTT) B. Ordinances (1) P.O. No. 6622 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2016 And Ending September 30, 2017 By $68,950.00 For The General Fund As Shown In Exhibit A. The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Frank and seconded by Councilmember Doucet that Proposed Ordinance No. 6622 be adopted. The motion was made by Councilmember Doucet and seconded by Councilmember Scott that this item be removed. Councilmember Doucet called for the following Point of Order: The item is the ordinance we have already covered the floor. The item is the ordinance that is what we should be discussing so let's stick with that and let's move on. We don't need an explanation of the whole entire thing. Councilmember Doucet and Councilmember Scott rescinded their motion to remove Propose Ordinance No. 6622. The above-mentioned Proposed Ordinance No. 6622 was held until after Executive Session. VIII. * CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (1) Section 551.071 Government Code — To Discuss With The City Attorney Pending Litigation Regarding Cause No. E- 194887; Reginald Trainer, Efrain Avendano, Paul Hulin And Herman Levingston v. City of Port Arthur (Requested by Councilmember Lewis) City Council Minutes 7 Regular Meeting —June 6, 2017 (2) Section 551.071 Government Code — Consultation With The City Attorney, To Seek Legal Advice Regarding Legal Matters Concerning The City's Travel Policy (3) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Industrial District Agreements) Upon the motion by Councilmember Doucet, seconded by Councilmember Kinlaw and carried unanimously, the City Council adjourned their meeting 12:45 p.m. The City Council recessed their meeting at 11:50 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 12:45 p.m. with the following members present: Mayor Freeman; Councilmembers Scott, Kinlaw, Doucet, Lewis; City Manager McDougal; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Patrick Melvin. VII. ITEMS REQUIRING INDIVIDUAL ACTION (1) P.O. No. 6622 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2016 And Ending September 30, 2017 By The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Doucet and seconded by Councilmember Kinlaw that Proposed Ordinance No. 6622 be adopted. The City Attorney read the following motion to amend Proposed Ordinance No. 6622 into the record: That $20,000.00 Will Remain In Administration For Travel And The Remaining $48,000.00 Will Go Into The Liability Fund The motion was made by Councilmember Kinlaw and seconded by Councilmember Doucet to amend Proposed Ordinance No. 6622 as stated above by the City Attorney. The motion to amend Proposed Ordinance No. 6622 carried. Voting Yes: Mayor Freeman; Councilmembers Scott, Kinlaw, Doucet and Lewis. Voting No: None. Proposed Ordinance No. 6622 was adopted, as amended, becoming Ordinance No. 17- 19. The caption of Ordinance No. 17-13 reads as follows: ORDINANCE NO. 17-13 AN APPROPRIATION ORDINANCE AMENDING THE CITY OF PORT ARTHUR BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017 BY IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Doucet, seconded by Councilmember Kinlaw and carried unanimously, the City Council adjourned their meeting 12:47 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. City Council Minutes 8 Regular Meeting —June 6, 2017 MAYOR DERRICK FREEMAN ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD June 6, 2017. APPROVED City Council Minutes 9 Regular Meeting —June 6, 2017