HomeMy WebLinkAbout(03) MINUTES 01/16/2018 REGULAR MEETING REGULAR MEETING — January 16, 2018
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember 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, January
16, 2018 at 8:35 a.m. in the City Council Chamber, City Hall, with the following
members present: Mayor Derrick Freeman; Mayor Pro Tern Cal Jones; Councilmembers
Raymond Scott, Jr., Thomas Kinlaw, III, Harold Doucet, Osman Swati and Charlotte M.
Moses; Interim City Manager Harvey Robinson, 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 8:53 a.m.
Councilmember Kaprina Frank was absent from the Regular Meeting.
II. PROCLAMATIONS
Proclamations
The Mayor issued the following Proclamations
January 23, 2018 as "Catholic Charities of Southeast Texas 15th Annual
Harvest of Hope Day"
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Jasmine Patin Regarding Miss Black & Gold Alpha Frat Inc.
Sponsorship
Not Present.
(2) Wade Price Sr., Regarding City Ordinance/Harvey
Not Present
(3) Andy Nguyen Regarding Reopening Of Port Arthur Civic
Center
Andy Nguyen, 3636 10th Street, appeared before the City Council to discuss the
renovation schedule for the Port Arthur Civic Center.
B. Presentations
(2) December Monthly Financial Report
Finance Director Andy Vasquez gave the above-mentioned presentation.
C. Employee Recognition - None
D. Correspondence - None
IV. PUBLIC HEARINGS — 9:00 AM - None
III. PETITIONS & COMMUNICATIONS
B. Presentations
(1) A Presentation By Councilmember Lewis On The
Implementation Of The Deletion Of Position 5 & 6 Under
Section 2 Of The Voting Rights Act And Written Opinion On
The Negative Impact Of The Removal Of Position 6 For
Citizens In Districts 2 & 3 (Requested By Councilmember
Lewis)
E. Discussion
(1) Discuss and Possibly Take Action on the Implementation of
the Deletion of Position 5 & 6 Under Section 2 of the Voting
Rights Act (Requested By Councilmember Lewis)
Councilmember Lewis gave the above-mentioned presentation and led the discussion.
The Motion Was Made By Councilmember Lewis And Seconded By Mayor
Pro Tern Jones That The City Attorney Formally Request An Attorney
General Opinion Regarding The Implementation Of The Deletion Of
Position 5 & 6 Under Section 2 Of The Voting Rights Act
The following roll call vote was taken on the above-mentioned motion:
Councilmember Doucet "No"
Mayor Pro Tem Jones "No"
Councilmember Kinlaw "No"
Councilmember Lewis "Yes"
Councilmember Moses "No"
Councilmember Scott "No"
Councilmember Swati "No"
Mayor Freeman "No"
The above-mentioned motion failed.
E. Discussion
(2) Discuss Status Of Valero Garden Project For The West Side
(Requested By Councilmember Doucet)
Councilmember Doucet requested a status update regarding the Valero Garden Project
for the West side.
(3) Discussion Regarding Ethics (Requested By Councilmember
Swati)
Councilmember Swati led the discussion regarding ethical practices of the City Council.
V. UNFINISHED BUSINESS
(1) P.R. No. 20051 — A Resolution Appointing And/Or
Reappointing A Member Or Members To The Construction
Board Of Adjustments And Appeals (Requested By Mayor
Pro Tem Jones)
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Swati, seconded by Mayor Pro Tern Jones and
carried, Proposed Resolution No. 20051 was tabled.
Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw,
Doucet, Lewis, Swati and Moses.
Voting No: None.
City Council Minutes 2
Regular Meeting — January 16, 2018
VI. CONSENT AGENDA
Upon the motion of Councilmember Moses, seconded by Councilmember Swati and
carried, the following Consent Agenda items were adopted with the exception of
Proposed Resolutions No. 19979:
Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw,
Doucet, Lewis, Swati and Moses.
Voting No: None.
A. Resolutions
(2) P.R. No. 20009 — A Resolution Authorizing The City
Manager To Enter Into A Three-Year Contract With AT&T
Corp Through Texas Department Of Information Resources
(TXDIR) For The Provision Of Voice, Data And Internet
Communications In The Annual Amount Of $105,196.20;
Funding Available In Departmental Account Numbers: 001-
1061-518.61-03 (Civic Center), 001-1101-521.61-03
(Police), 001-1121-522.61-03 (Fire), 001-1201-531.61-03
(Public Works Admin.), 001-1301-541.61-03 (Health), 001-
1403-551.61-03 (Library), And 410-1252-532.61-03
(Water Purification)
Proposed Resolution No. 20009 was adopted becoming Resolution No. 18-001.
(3) P.R. No. 20019 — A Resolution Authorizing The City
Manager To Enter Into An Agreement With Clifford Power
Systems Of Houston, Texas, For The Preventative
Maintenance And Repair Of All City Backup Generators
With A Projected Budgetary Impact Amount Of $26,000.00
Funds Are Available In Utility Operations Department
Account Numbers 410-1252-532.42-00 (Equipment
Maintenance - $12,000.00) And 410-1256-532.42-00
(Equipment Maintenance - $14,000.00)
Proposed Resolution No. 20019 was adopted becoming Resolution No. 18-002.
(4) P.R. No. 20032 — A Resolution Authorizing The City
Manager To Execute A Contract Between Texas Municipal
League Intergovernmental Risk Pool - Turnkey Recovery
Program To Rebuild Port Arthur Public Library (4615 9th
Avenue)
Proposed Resolution No. 20032 was adopted becoming Resolution No. 18-003.
(5) P.R. No. 20033 — A Resolution Authorizing The City
Manager To Execute A Contract Between Texas Municipal
League Intergovernmental Risk Pool — Turnkey Recovery
Program To Rebuild Robert A. "Bob" Bowers Civic Center
(3401 Cultural Center Drive)
Proposed Resolution No. 20033 was adopted becoming Resolution No. 18-004.
(6) P. R. No. 20034 — A Resolution Authorizing The Purchase Of
Two (2) 2018 Ford F-550, Regular Cab 4x2 Flush Trucks For
The Utility Operations Department From Grande Truck
Center Of San Antonio, Texas, For Replacement Due To
Hurricane Harvey, In The Amount Of $106,484.00 Each For
A Total Of $212,968.00. Funds Are Available In Utility
Operations Equipment Account No. 147-2300-901.92-00
Proposed Resolution No. 20034 was adopted becoming Resolution No. 18-005.
City Council Minutes
Regular Meeting — January 16, 2018
(7) P.R. No. 20035 — A Resolution Supporting The Acceptance
Of The Fiscal Year 2019 Texas Department Of
Transportation Selective Traffic Enforcement Program
(S.T.E.P.) Grant In The Amount Of $49,645.01, With A 23%
In-Kind Match
Proposed Resolution No. 20035 was adopted becoming Resolution No. 18-006.
(8) P.R. No. 20052 — A Resolution Authorizing The City
Manager To Extend The Municipal Water Supply Contract
With The Lower Neches Valley Authority
Proposed Resolution No. 20052 was adopted becoming Resolution No. 18-007.
(9) P.R. No. 20057 — A Resolution Authorizing The City
Manager To Execute Settlement Of A Physical Damage
Claim In The Amount Of $7,031.73 Made Against Texas
Municipal League Intergovernmental Risk Pool (TML) As A
Result Of Property Damage To Transit Vehicle #164
Proposed Resolution No. 20057 was adopted becoming Resolution No. 18-008.
(10) P.R. No. 20060 — A Resolution Authorizing The Purchase Of
One (1) 2018 Ram 1500 Regular Cab SWB Truck For The
Water Utilities Department From Moore CDJR Of Silsbee,
Texas In The Total Amount Of $17,951.00; Funds Are
Available In Tropical Storm Harvey Equipment Account No.
147-2300-901.92-00, Equipment
Proposed Resolution No. 20060 was adopted becoming Resolution No. 18-009.
(11) P.R. No. 20061 — A Resolution Authorizing The Purchase Of
Three (3) Ford F-250 R. C. Body Trucks For Water Utilities
Department From Silsbee Ford Of Silsbee, Texas, In The
Amount Of $29,314.84 Each For A Total Of $87,944.52.
Funds Are Available In Tropical Storm Harvey Equipment
Account No. 147-2300-901.92-00, Equipment
Proposed Resolution No. 20061 was adopted becoming Resolution No. 18-010.
(12) P.R. No. 20062 — A Resolution Authorizing The Purchase
Of One (1) 2018 Ram 3500 Service Bed Truck For Water
Utilities Department From Moore CDJR Of Silsbee, Texas
In The Total Amount Of $31,550.00. Funds Are Available
In Tropical Storm Harvey Equipment Account No. 147-
2300-901.92-00, Equipment
Proposed Resolution No. 20062 was adopted becoming Resolution No. 18-011.
(13) P.R. No. 20065 — A Resolution Authorizing The Purchase Of
Two (2) Ford F-150 Crew Cab Trucks For The Water
Utilities Department - Regulatory Service Division From
Silsbee Ford Of Silsbee, Texas In The Amount Of
$22,130.00 Each For A Total Of $44,260.00; Funds Are
Available In Utility Operations Account No. 625-1801-
532.93-01, Motor Vehicles
Proposed Resolution No. 20065 was adopted becoming Resolution No. 18-012.
City Council Minutes 4
Regular Meeting —January 16, 2018
(14) P.R. No. 20066 — A Resolution Authorizing The Execution
Of A Homebuyer's Written Agreement For The Down
Payment Assistance And Closing Fees Associated With The
Purchase Of 1100 6th Street, Port Arthur, Texas, Through
The City's Homebuyer's Assistance Program
Proposed Resolution No. 20066 was adopted becoming Resolution No. 18-013.
(15) P.R. No. 20069 — A Resolution Designating And
Establishing The Mardi Gras Entertainment Area For 2018,
Designating Mardi Gras Of Southeast Texas, Inc. As
Exclusive Concessionaire And Authorizing The City Manager
To Execute An Agreement With Mardi Gras Of Southeast
Texas, Inc.
Proposed Resolution No. 20069 was adopted becoming Resolution No. 18-014.
(16) P.R. No. 20072 — A Resolution Authorizing The City
Manager To Execute A Six Month Agreement Between
Warren Claybar And Brandi Hinds Claybar, Landlords, And
The City Of Port Arthur, For The Use Of The Facility Located
At 7500 Hwy 87, Port Arthur, Texas, With A Projected
Budgetary Impact Of $43,788; Charged To Account No.
001-1281-531.51-00 (Public Works Equipment Services
Rent)
Proposed Resolution No. 20072 was adopted becoming Resolution No. 18-015.
(17) P.R. No. 20073 — A Resolution Authorizing The City
Manager To Accept The FY 2018 Rifle Resistant Body Armor
Grant In The Amount Of $97,500, With No Grant Match
Required
Proposed Resolution No. 20073 was adopted becoming Resolution No. 18-016.
(18) P.R. No. 20076 — A Resolution Authorizing The Execution
Of Major Pipeline Permits 17-02 And 17-03 From The City
Of Port Arthur To G T Pipeline, LLC Of San Antonio, Texas
For The Installation Of A Twenty Inch (20") Carbon Steel
Pipeline And A Sixteen Inch (16") Carbon Steel Pipeline
Within The City Limits Of Port Arthur, Texas
Proposed Resolution No. 20076 was adopted becoming Resolution No. 18-017.
(19) P.R. No. 20083 — A Resolution Authorizing The Execution
Of An Agreement For Independent Professional Services
Between The City Of Port Arthur And Dr. Hani Tohme, P.E.,
As Interim Director Of Water Utilities To Provide
Temporary Contract Services For The City's Water Utilities
Department. Funding Available In Water Utilities Account
No. 410-1251-532.11-00
Proposed Resolution No. 20083 was adopted becoming Resolution No. 18-018.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
Consent - Resolutions
(1) P.R. No. 19979 — A Resolution Authorizing The City
Manager To Enter Into A Contract With Southern Tire Mart
Of Beaumont, Texas, Through The Buyboard Cooperative
Purchasing Program, Contract No. 470-14, For The
Purchase Of Tires And Tubes, With A Projected Budgetary
City Council Minutes
Regular Meeting —January 16, 2018
Impact Of $400,000; Funding Available In Departmental
Account Numbers Delineated Within The Resolution
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Lewis and seconded by Councilmember Swati
that Proposed Resolution No. 19979 be adopted.
Public Works Director Armando Gutierrez appeared before the City Council to answer
inquiries regarding the above-mentioned purchasing program.
Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw,
Doucet, Lewis, Swati and Moses.
Voting No: None.
The caption of Resolution No. 18-019 reads as follows:
RESOLUTION NO. 18-019
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH
SOUTHERN TIRE MART OF BEAUMONT, TEXAS,
THROUGH THE BUYBOARD COOPERATIVE
PURCHASING PROGRAM, CONTRACT NO. 470-
14, FOR THE PURCHASE OF TIRES AND TUBES,
WITH A PROJECTED BUDGETARY IMPACT OF
$400,000; FUNDING AVAILABLE IN
DEPARTMENTAL ACCOUNT NUMBERS
DELINEATED WITHIN THE RESOLUTION
A. Resolutions
(2) P.R. No. 20085 — A Resolution Confirming The
Appointments Of Cal Rutherford, Mary Ann Reid, And
Graciela Alvarez As Members Of The Civil Service
Commission Of The City Of Port Arthur
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Moses, seconded by Councilmember Doucet and
carried, Proposed Resolution No. 20085 was adopted becoming Resolution No. 18-020.
Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw,
Doucet, Lewis, Swati and Moses.
Voting No: None.
The caption of Resolution No. 18-020 reads as follows:
RESOLUTION NO. 18-020
A RESOLUTION CONFIRMING THE
APPOINTMENTS OF CAL RUTHERFORD, MARY
ANN REID, AND GRACIELA ALVAREZ AS
MEMBERS OF THE CIVIL SERVICE
COMMISSION OF THE CITY OF PORT ARTHUR
B. Ordinances
(2) P.O. No. 6669 — An Ordinance Amending Article III
(Electrical Code) Of Chapter 18 (Buildings), Section 18-72
With Regard To The Definition Of One Or Two Family
Dwelling Unit Electrician (Residential Wireman) Of The
City Council Minutes
Regular Meeting — January 16, 2018
Code Of Ordinances Of The City Of Port Arthur; Providing A
Penalty For Violations By Fine Not Exceeding Five Hundred
Dollars, As Provided In Section 18-81 Of This Code Or As
May Be Otherwise Imposed By State Law; Providing A
Savings Clause; And Providing For Publication And An
Effective Date Immediately After Publication. (Requested
By Councilmember Lewis)
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Doucet, seconded by Councilmember Swati and
carried, Proposed Ordinance No. 6669 was adopted becoming Ordinance No. 18-01.
Voting Yes: Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet and Lewis.
Voting No: Mayor Freeman; Councilmembers Swati and Moses.
The caption of Ordinance No. 18-01 reads as follows:
ORDINANCE NO. 18-01
AN ORDINANCE AMENDING ARTICLE III
(ELECTRICAL CODE) OF CHAPTER 18
(BUILDINGS), SECTION 18-72 WITH REGARD
TO THE DEFINITION OF ONE OR TWO FAMILY
DWELLING UNIT ELECTRICIAN (RESIDENTIAL
WIREMAN) OF THE CODE OF ORDINANCES OF
THE CITY OF PORT ARTHUR; PROVIDING A
PENALTY FOR VIOLATIONS BY FINE NOT
EXCEEDING FIVE HUNDRED DOLLARS, AS
PROVIDED IN SECTION 18-81 OF THIS CODE
OR AS MAY BE OTHERWISE IMPOSED BY STATE
LAW; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE IMMEDIATELY AFTER
PUBLICATION. (REQUESTED BY
COUNCILMEMBER LEWIS)
(1) P.O. No. 6668 — An Ordinance Adding To Chapter 14,
Boards, Authorities, Commissions And Committees, Article
XXIII - Port Arthur Electrical Advisory Board To The Code
Of Ordinances Creating Said Board, Establishing
Membership Criteria, Terms Of Office, And Delineating
Duties Of Said Board (Requested By Councilmember Lewis)
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Moses and seconded by Councilmember
Lewis that Proposed Ordinance No. 6668 be adopted.
The motion was made by Mayor Pro Tern Jones and seconded by Councilmember
Doucet that Proposed Ordinance No. 6668 be amended to reflect five (5) members.
Upon the motion of Councilmember Doucet, seconded by Councilmember Swati and
carried, Proposed Ordinance No. 6668 was tabled.
Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw,
Doucet, Lewis, Swati and Moses.
Voting No: None.
City Council Minutes 7
Regular Meeting —January 16, 2018
(3) P.O. No. 6674 — An Ordinance Amending Ordinance Number
98-04, Which Established The Construction Board Of
Adjustment And Appeals
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Moses, seconded by Councilmember Swati and
carried, Proposed Ordinance No. 6674 was adopted becoming Ordinance No. 18-02.
Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw,
Doucet, Lewis, Swati and Moses.
Voting No: None.
The caption of Ordinance No. 18-02 reads as follows:
ORDINANCE NO. 18-02
AN ORDINANCE AMENDING ORDINANCE
NUMBER 98-04, WHICH ESTABLISHED THE
CONSTRUCTION BOARD OF ADJUSTMENT AND
APPEALS
(4) P.O. No. 6675 — An Ordinance Amending Chapter 14, Article VII
(Construction Board Of Adjustments And Appeals) Sections 14-
211 (Created) And 14-212 (Membership) Of The Code Of
Ordinances Of The City Of Port Arthur
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Moses, seconded by Councilmember Swati and
carried Proposed Ordinance No. 6675 was adopted becoming Ordinance No. 18-03.
Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw,
Doucet, Lewis, Swati and Moses.
Voting No: None.
The caption of Ordinance No. 18-03 reads as follows:
ORDINANCE NO. 18-03
AN ORDINANCE AMENDING CHAPTER 14,
ARTICLE VII (CONSTRUCTION BOARD OF
ADJUSTMENTS AND APPEALS) SECTIONS 14-
211 (CREATED) AND 14-212 (MEMBERSHIP)
OF THE CODE OF ORDINANCES OF THE CITY OF
PORT ARTHUR
(5) P.O. No. 6676 — An Ordinance Amending Ordinance No. 17-
49 As It Pertains To The Collective Bargaining Agreement
Between The City Of Port Arthur And The International
Association Of Firefighters Local 397
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Moses, seconded by Councilmember Swati and
carried, Proposed Ordinance No. 6676 was adopted becoming Ordinance No. 18-04.
The caption of Ordinance No. 18-04 reads as follows:
City Council Minutes 8
Regular Meeting —January 16, 2018
ORDINANCE NO. 18-04
AN ORDINANCE AMENDING ORDINANCE NO.
17-49 AS IT PERTAINS TO THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY
OF PORT ARTHUR AND THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS LOCAL 397
VIII. * CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting:
(1) Section 551.087 Government Code — To Discuss Incentives
For Commercial, Residential, And/Or Industrial Business
Prospects (Zeo Gas) (Requested by Councilmember Lewis)
(2) Section 551.071 Government Code — To Receive Legal
Advice And Consultation With The City Attorney Regarding
Environmental Issues
(3) Section 551.072 Government Code — To Discuss The Value
Of The Land As It Pertains To City Owned Property And
Legal Issues Related To Easements And Right-Of-Ways
(4) Section 551.087 Government Code — To Discuss Incentives
For Commercial, Residential, And/Or Industrial Business
Prospects (Sempra Energy)
(5) Section 551.071 Government Code — To Discuss With The
City Attorney Pending Litigation Regarding Civil Action No.
1:18CV-11, Olga Delacruz And Marco Delacruz, Individually
And As Representative Of The Estate Of Manual Delacruz
Vs. City Of Port Arthur, Port Arthur Police Department,
Officer Lane Cherry, In His Official Capacity, Unknown
Officers, The Medical Center Of Southeast Texas, L.P.
D/B/A The Medical Center Of Southeast Texas, L.P.
The City Council recessed their meeting at 10:35 a.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 10:54 a.m. with
the following members present: Mayor Freeman; Mayor Pro Tem Jones;
Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Moses; Interim City Manager
Robinson; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief
Patrick Melvin.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
(1) P.R. No. 20074 — A Resolution Authorizing The Execution
Of Major Pipeline Permit 17-01 From The City Of Port
Arthur To Florida Gas Transmission Company, L.L.C. Of
Houston, Texas For The Installation Of A Sixteen Inch (16")
Natural Gas Pipeline Within The City Limits Of Port Arthur,
Texas
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Scott, seconded by Councilmember Swati and
carried, Proposed Resolution No. 20074 was adopted becoming Resolution No. 18-021.
Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw,
Doucet, Lewis, Swati and Moses.
Voting No: None.
The caption of Resolution No. 18-021 reads as follows:
City Council Minutes 9
Regular Meeting —January 16, 2018
RESOLUTION NO. 18-021
A RESOLUTION AUTHORIZING THE EXECUTION
OF MAJOR PIPELINE PERMIT 17-01 FROM THE
CITY OF PORT ARTHUR TO FLORIDA GAS
TRANSMISSION COMPANY, L.L.C. OF
HOUSTON, TEXAS FOR THE INSTALLATION OF
A SIXTEEN INCH (16") NATURAL GAS PIPELINE
WITHIN THE CITY LIMITS OF PORT ARTHUR,
TEXAS
IX. ADJOURNMENT OF MEETING
Upon the motion by Councilmember , seconded by Councilmember
and carried unanimously, the City Council adjourned their meeting 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
APPROVED
City Council Minutes 10
Regular Meeting —January 16, 2018